Craig Becker

Supreme Court Rules against Two-Member NLRB; Decision May Reopen Disputes

NLRB's Peter Schaumber and Wilma LiebmanThe National Labor Relations Board soon will be back up to five members. But for nearly two and a half years it was short by three. Observers wondered how it managed to function. The U.S. Supreme Court last Thursday ruled it shouldn't have. By a 5-4 margin, the High Court ruled that the NLRB, its ranks diminished by congressional gridlock, had violated its statutory authority in deciding cases during that time. Justice John Paul Stevens, writing for the majority, termed the two-member board's operations a "Rube Goldberg-style delegation mechanism...surely a bizarre way for the Board to achieve the authority to decide cases." The Court decision could trigger the reopening of up to 600 NLRB decisions. That's something the board wishes it could do without.

Obama Bypasses Senate; Appoints Becker to NLRB

NLRB's Peter Schaumber and Wilma LiebmanBarack Obama and organized labor have made no secret about promoting each other's interests. Indeed, his 2008 presidential victory would have been much more difficult in absence of union financial contributions and volunteer work. Thus, Obama's recess appointment Saturday of Craig Becker to the National Labor Relations Board, effectively overriding a Senate Republican filibuster last month, served as a political IOU as well as an expression of the president's will. Becker, currently a top union lawyer, has argued that workers should not have any right to opt out of union representation. Moreover, he's counseled a large local union founded as a subsidiary of the corrupt and soon-to-be-extinct Association of Community Organizations for Reform Now (ACORN). Becker was one of 15 White House Easter recess appointments that included a less controversial NLRB nominee, Mark Pearce, who, like Becker, is a Democrat.

Senate Blocks Becker Nomination for NLRB

Senator Ben NelsonThe nomination of Craig Becker for membership on the National Labor Relations Board (NLRB) may well be history. Earlier today, Senate Democrats, by a 52-33 vote, failed to muster the necessary 60 votes to block a filibuster mounted by GOP opponents. The procedural vote appears to end a months-long battle over whether Becker, a strongly partisan union advocate who serves as associate general counsel to the Service Employees International Union and the AFL-CIO, should serve on the five-member federal labor adjudication body. Two Democratic senators, Ben Nelson (Nebraska -- see photo) and Blanche Lincoln (Arkansas), each hailing from a Right to Work state, crossed party lines to vote with the sizable Republican minority. President Obama still has the option of naming Becker to the board in a recess appointment, good for up to one year. 

Senate Committee Approves Radical Obama NLRB Nominee; Filibuster Likely

NLRB's Peter Schaumber and Wilma LiebmanTo many of its critics, the National Labor Relations Board might well be renamed the National Organized Labor Relations Board. That's because this ostensibly impartial federal adjudication body frequently has displayed a discernible pro-union tilt. President Obama is primed to push the NLRB further in that direction given that fully three positions on the five-person board are now vacant. Of the nominees who face final confirmation to fill those slots, by far the most controversial is Craig Becker, approved by the Senate Committee on Health, Education, Labor and Pensions this past Thursday by a 13-10 margin. As associate general counsel to the Service Employees International Union (SEIU) and the AFL-CIO, and as a well-published law professor, Becker has amassed a substantial track record of union partisanship.

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