Information contained in this publication is intended for informational purposes only and does not constitute legal advice or opinion, nor is it a substitute for the professional judgment of an attorney.
It is becoming increasingly likely that controversial National Labor Relations Board (NLRB) nominee Craig Becker will be appointed as a Board member over the upcoming Congressional recess. According to an article in the Atlantic Online, “labor allies of the White House have been given strong indications that such an appointment is highly likely.” Specifically, reports abound that Sen. Tom Harkin (D-IA) has confirmed that President Obama will make the appointment soon. Earlier this month, Labor Secretary Hilda Solis hinted at this possibility during the American Federation of Labor & Congress of Industrial Organization's (AFL-CIO) annual meeting.
Becker, who serves as Associate General Counsel to both the Service Employees International Union (SEIU) and the AFL-CIO, has been widely criticized in the business community for his admittedly provocative scholarly articles that strongly criticize existing labor law. While Becker tried to distance himself from these contentious positions during a hearing on his nomination, many in Congress and the business community have remained skeptical of his ability to remain impartial. In February, the Senate failed to pass a cloture vote on his nomination, seemingly ending the possibility that the Senate would ever confirm him. If Obama does appoint Becker during the upcoming break, his term would expire by the end of the next Congressional session (roughly the end of the next calendar year) unless the Senate confirms the appointment.