After placing a hold on Craig Becker’s nomination to the NLRB, Senator John McCain (R-Az.) and other Senators got their chance to question Mr. Becker in a confirmation hearing earlier today. Hearings on NLRB nominees are rare.
Of President Obama’s three appointees, Mr. Becker has been the most controversial. He has strong ties to organized labor, having previously served as an in-house lawyer for the Service Employees International Union and the AFL-CIO. His published writings include assertions that the NLRB could impose "card check" recognition through its administrative process, bypassing the need for Congressional action.
During the hearing, Senators questioned Mr. Becker about, among other things, (1) recusing himself from cases involving the SEIU and (2) his past writings regarding the role of the NLRB in labor law reform. According to published reports, Mr. Becker responded that:
- he would recuse himself for the next two years and when his impartiality could be questioned and
- "’The law is clear that the decision…(of) an alternative route to certification rests with Congress and not the board,’ Becker said, adding that the writings were ‘intended to be provocative and to ask fundamental questions in order for scholars and others to re-evaluate.’"
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A Senate hearing vote on the nomination of Mr. Becker and President Obama’s other two appointees is scheduled for Thursday morning.