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Uncategorized / Becker & Pearce to Receive Recess Appointments to NLRB; Action Expected During Upcoming Senate Break
Becker & Pearce to Receive Recess Appointments to NLRB; Action Expected During Upcoming Senate Break
In a move certain to draw criticism from the Senate, it is reported by sources close to discussions that Craig Becker and Mark Pearce will both be given “Recess Appointments” to open seats on the National Labor Relations Board. This action is anticipated to occur during an upcoming break in the Senate’s current session, taking advantage of a loophole in the U.S. Constitution.
Just what is a “Recess Appointment?” If you’re like me, and lot’s of others this term doesn’t mean much on its own. After doing some quick research let me explain. The U.S. Constitution gives the President the ability to nominate individuals to serve in certain governmental jobs (i.e. Ambassadors, Supreme Court Judges, and many others including members of the National Labor Relations Board). His nominations are normally subject to confirmation (consent) by the U.S. Senate.
Generally, when a vacancy occurs in one of these posts, the President nominates an individual to fill the position and the Senate then votes to either confirm or reject the President’s nominee. (As you probably already know, in the case of Becker & Pearce, the Senate has been slow to confirm their nominations due to their liberal stand on advancing unionism on the country’s businesses.) However, the framers of the Constitution anticipated that vacancies would occur while the Senate was not in session. With this in mind, it provides (Article II, Section 2) that: The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.
Without going into great detail, that’s where we stand today. President Obama wants Becker and Pearce on the NLRB and is ready to use a recess appointment to get them there. Yes, it only lasts through the end of the next Senate session, but a lot of irreparable damage can be done in that time. And once on the job, it may be tougher to get them out.
We’re only one year into President Obama’s administration and you shouldn’t expect any letup in the effort by organized labor to find ways to make their job of organizing easier.
New NLRB Election Rule?
In related news, noise coming from the NLRB hints that implementation of a shorter campaign for organizations facing an NLRB election is in the works, probably 21 days. That means 21 days after a petition for representation is filed with the NLRB, a certification election will be held. This is one provision we have expected in a compromised version of the Employee Free Choice Act (EFCA), should a compromise be passed. Now it appears the NLRB is moving to implement a change irregardless of approval of EFCA. We’ll watch this closely and share more information as it becomes available.
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Posted by admin on Tuesday, March 9, 2010 at 7:10 pm
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