WaPo: NLRB Member Becker's Refusal to Recuse Questioned
Today's Washington Post reports:
Republicans and anti-union groups are demanding that a new member of the National Labor Relations Board recuse himself from cases involving chapters of the union he used to work for, a continuation of the fight that surrounded his nomination.
The National Right to Work Foundation sent a letter to Attorney General Eric H. Holder Jr. last week, requesting an investigation into Craig Becker's decision to hear cases involving local chapters of the Service Employees International Union. Becker worked as an associate general counsel for the 1.8 million-member union and the AFL-CIO before his appointment by President Obama in March.
Soon after Member Becker began hearing cases following his recess appointment, Respondents began moving for his recusal from cases involving the SEIU, AFL-CIO or their affilliates. In connection with the Board's decision in Service Employees Local 121RN (Pomona Valley Hospital Medical Center), Case No. 21-CB-14428 (June 8, 2010), Member Becker issued a decision on all such motions. He stated therein that he would recuse himself from any cases in which the SEIU or the AFL-CIO was a party, but not from cases involving a subordinate chapter or local. He indicated that the SEIU international union is a "separate and distinct legal entity" by whom he was employed.
According to the WaPo report, Rep. Darrell Issa (R-CA) is not satisfied with that position:
"There's clear reason to question Becker's impartiality," said Issa spokesman Frederick Hill. "His former employer, SEIU International, tightly controls its local chapters. With such gaping loopholes, the Obama administration's ethics pledge Becker signed isn't worth the paper it was printed on."
Issa requested an investigation by the labor board's inspector general, who responded by affirming Becker's interpretation. A Justice Department spokesman said there is no response yet to last week's letter.
Member Becker remains the only one of the current Board Members whose appointment has not been confirmed by the Senate.
