Legal Analysis: EFCA by Fiat? What a Becker Confirmation to the NLRB Could Mean for Employers.

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EFCA by Fiat? What a Becker Confirmation to the NLRB Could Mean for Employers.

On February 4, 2010, the Senate Health, Education, Labor and Pensions Committee voted 13-10 to approve the nomination of Craig Becker to be a member of the National Labor Relations Board. It was a party line vote, with all 10 Republicans on the committee voting against Becker's nomination. Becker must next be confirmed by the entire Senate. With Senator Scott Brown already sworn in as the 41st Republican, there is a real possibility that Becker's confirmation could be blocked by a filibuster. If that were to happen, Senate Majority Leader Harry Reid said the Obama Administration may use a recess appointment to get Becker on the NLRB, which would not require Senate approval.

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What? Becker renominated to NLRB

The President has renominated Craig Becker to be a Member of the NLRB.

First nominated last Spring, Becker was approved by a Senate committee, but the nomination was "returned" to the White House December 24.

Becker, a Democrat, is associate general counsel to SEIU and the AFL-CIO.

Other pending nomination are Mark Pearce (Dem) and Brian Hayes (Rep).

[White House press release]

My view:

The President is playing hardball.

Traditionally, the Senate approves multiple NLRB nominations as a package. Therefore, it is unlikely that the Pearce and Hayes nominations will be approved by themselves.

Senator McCain placed a "hold" on Becker once. Why not again this time?

There now will be hearings, and lots of contention, and a significant delay in getting the Board back to its full strength of five Members.

Hard to figure how this is helpful to the Democrat majority.

Becker renominated to NLRB

The President has renominated Craig Becker to be a Member of the NLRB.

First nominated last Spring, Becker was approved by a Senate committee, but the nomination was "returned" to the White House in December.

Becker, a Democrat, is associate general counsel to SEIU and the AFL-CIO. Other nominations pending in the Senate are Mark Pearce (Dem) and Brian Hayes (Rep).

[Press release]

NLRB v. CC Roofing Supply, Inc.

U.S. 9th Cir., Administrative Law, Immigration Law, Labor Employment Law The NLRB's petition to enforce a consent judgment providing that Respondent would reinstate unlawfully terminated employees is granted, where the burden was on Respondent to provide proper proof, satisfactory to the NLRB, of the unauthorized status of those individuals it claims were unauthorized aliens it was not permitted to rehire.div class"feedflare" a href"http:feeds.findlaw.comffFindLawLabor?a-3i2fyr6Nuc:XSfeB9tj4Lk:yIl2AUoC8zA"img src"http:feeds.feedburner.comffFindLawLabor?dyIl2AUoC8zA" border"0"imga a href"http:feeds.findlaw.comffFindLawLabor?a-3i2fyr6Nuc:XSfeB9tj4Lk:F7zBnMyn0Lo"img src"http:feeds.feedburner.comffFindLawLabor?i-3i2fyr6Nuc:XSfeB9tj4Lk:F7zBnMyn0Lo" border"0"imga a href"http:feeds.findlaw.comffFindLawLabor?a-3i2fyr6Nuc:XSfeB9tj4Lk:VsGLiPBpWU"img src"http:feeds.feedburner.comffFindLawLabor?i-3i2fyr6Nuc:XSfeB9tj4Lk:VsGLiPBpWU" border"0"imga a href"http:feeds.findlaw.comffFindLawLabor?a-3i2fyr6Nuc:XSfeB9tj4Lk:l6gmwiTKsz0"img src"http:feeds.feedburner.comffFindLawLabor?dl6gmwiTKsz0" border"0"imga divimg src"http:feeds.feedburner.comrFindLawLabor4-3i2fyr6Nuc" height"1" width"1"