President Obama Re-Submits Nomination of Craig Becker to NLRB
Yesterday, President Obama once again sent to the Senate the nomination of current National Labor Relations Board Member Craig Becker for a term of five years expiring December 16, 2014.
The President previously nominated Member Becker -- a former professor and attorney for SEIU and the AFL-CIO -- to the Board back in July of 2009. His nomination generated a significant amount of opposition from the business community who viewed his pro-labor resume and controversial academic positions as inconsistent with service on the Board. In February 2010, the Senate failed to pass a cloture motion on Becker's nomination, by a vote of 52-33, and it was returned to the President. Subsequently, President Obama recess appointed him to a Member's seat which, in the absence of further action, he will hold until the end of 2011.
It is unlikely that this re-submitted nomination will go anywhere. A broader Democratic majority in the 111th Congress was unable to advance the nomination -- with two Democratic Senators voting against cloture. Since his appointment, there has been additional concern expressed by the business community in regard to Member Becker's refusal to recuse himself 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. In the event his nomination comes up for a hearing, we will hear a great deal about this.
In the meantime, Member Becker will continue to serve on the Board, and one might expect continuing bold pronouncements, decisions, rule-making and other such developments from the Board. Back in April 2009 and again in April 2010, we posted a catalogue of issues we expected President Obama's NLRB to pursue. The Board has been advancing through our predictions apace and, if nothing else, the President's re-nomination of Member Becker now signals the Administration's comfort with these developments.
More commentary:
- "Union Lawyer Becker Re-Nominated by Obama to U.S. Labor Board" -- Bloomberg
- "Re-nomination: Craig Becker Gets Another 11 Months on the Job" -- NAM's Shopfloor blog
- "Obama Launches New Fight Over Nominees" -- Kevin Bogardus in The Hill
- "Becker Nomination Redux" -- Chamberpost blog
