On Tuesday, U.S. Senate Republicans (along with two Democrats) used a filibuster to block Craig Becker’s nomination to the National Labor Relations Board (NLRB). In a 52-33 vote, the Democrats fell short of the 60 votes needed to end the Senate debate on Becker’s nomination and move to a final vote. Senators Ben Nelson (D-Nebraska) and Blanche Lincoln (D-Arkansas) were the only Democrats to join the Republican filibuster.
In a public statement earlier in the week, Nelson announced that he would oppose Becker’s nomination and noted, “Mr. Becker’s previous statements strongly indicate that he would take an aggressive personal agenda to the NLRB, and that he would pursue a personal agenda there, rather than that of the Administration.”
Since being nominated to the NLRB, Becker, a union attorney, has stirred up a lot of controversy, and the business community and Republicans are strongly opposed to his nomination. One reason Becker’s nomination has been so controversial is because he has become associated with the Employee Free Choice Act (EFCA), a bill that would make it much easier for employees to form labor unions. Employer groups and Republicans have suggested that if Becker were nominated to the NLRB, he and a Democratic majority on the Board could implement provisions of EFCA, even if Congress failed to pass the bill.
Becker’s stalled nomination also holds up two other nominations to the NLRB since Becker, Mark Pearce (a Democrat), and Brian Hayes (a Republican) were presented as a package. However, this Senate vote may not be the end of Becker’s nomination. President Barack Obama could use a recess appointment to appoint Becker to the NLRB. Obama indicated this week that he might use recess appointments to get his nominees in office since the Republicans have been blocking so many, but he didn’t specifically mention Becker. The President’s first chance to make recess appointments would be next week during the Senate’s recess for President’s Day.
Regardless of whether Becker is appointed to the NLRB, the Board will still most likely be reconfigured into a prolabor majority in 2010. Such a restructured Board could have a significant effect on labor law and policy by reversing NLRB decisions issued under the last administration and setting new precedent.
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