NLRB Recess Appointment Decision Receives First Legal Challenge

Posted on January 13, 2012 by Labor Management Relations Practice Group

The President’s move to seat three new members to the National Labor Relations Board via recess appointment has its first official court challenge. On January 13, 2012, the National Right to Work Foundation (NRTW) along with other business advocacy groups filed a motion (pdf) in the U.S. District Court for the District of Columbia to contest the constitutionality of the President’s actions. The crux of the argument is that since the Senate was not technically in recess at the time of the appointments, the President lacked the authority to seat new Board members without the Senate’s advice and consent. When Obama made these appointments, the Senate was holding regular pro forma sessions in which the chamber convenes but conducts no substantive business. Continue reading this entry at Littler's Labor Relations Counsel. 

Photo credit:  evirgen

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Obama Makes Three Recess Appointments to the NLRB

Posted on January 4, 2012 by Labor Management Relations Practice Group

On January 4, 2012, President Obama announced his intention to make three recess appointments to the National Labor Relations Board. According to the White House press release, the President will seat Sharon Block (D), Richard Griffin (D), and Terence Flynn (R) to the Board via recess appointment. Anticipating that in 2012 the five-member Board would be left with just two sitting members – Chairman Mark Gaston Pearce (D) and Brian Hayes (R) – Obama nominated Block and Griffin to serve on the Board last month. The third recess appointee, Terence Flynn, was named as an NLRB candidate last year, but the Senate did not act on any of these nominations in 2011.  Continue reading this entry at Littler's Labor Relations Counsel.

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Reports Claim Craig Becker Likely to Receive Recess Appointment

Posted on March 24, 2010 by Ilyse Schuman and Jay Sumner

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.
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Solis Alludes to Recess Appointment for Craig Becker

Posted on March 3, 2010 by Jay Sumner

Craig BeckerAccording to a report by the Associated Press, Labor Secretary Hilda Solis hinted during the AFL-CIO annual meeting that President Obama would institute controversial nominee Craig Becker as a member of the National Labor Relations Board (NLRB) by means of a recess appointment, possibly during the Easter recess. On February 9, the Senate failed to pass a cloture motion on his nomination, fueling speculation that Obama would appoint Becker – who currently serves as Associate General Counsel to both the Service Employees International Union (SEIU) and the AFL-CIO – during the President’s Day recess. According to the AP story, Solis told AFL-CIO members that they would be “very pleased” with how the stalled nomination issue would be resolved. The Senate is set to adjourn for the Easter recess from March 29 through April 9.

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