President sidesteps Senate obstructionists, makes recess appointments
ORGANIZED LABOR RECEIVED positive news March 27 when President Obama placed two union-friendly candidates on the National Labor Relations Board (NLRB). Using a process known as recess appointments, the president circumvented Republican senators who had blocked confirmation votes for dozens of the Obama administration’s nominees, some for nearly six months.
The recess appointments moved 15 nominees into various posts. Among them were labor board candidates Craig Becker and Mark Pearce. Becker has served as the associate general counsel for the AFL-CIO and the Service Employees International Union. Pearce has been a practicing labor lawyer with a legal firm he helped found.
Republican senators have objected virulently to the recess appointments, especially Becker’s, who they perceive as too supportive of unions and the Employee Free Choice Act.
Until the recess appointments, the five-member NLRB had three vacancies dating back to 2008. Lacking a three-member quorum, the board has been unable to act on substantial labor and management issues. The addition of Becker and Pearce will mean that three Democrats now serve on the board, along with one Republican. Unions are hopeful that progress can now be made on the NLRB’s extensive backlog.
The 13 other posts filled by the recess appointments include posts in the Department of the Treasury, the Department of Commerce, the Department of Homeland Security, the Farm Credit Administration Board, the Equal Employment Opportunity Commission, and the Office of the U.S. Trade Representative.
A recess appointment remains in effect through the end of the next Congressional session or for its normal term if the Senate later votes to confirm the nominee. NLRB members approved by the Senate serve for five years.
