NLRB nominee gets contentious hearing

Senate Republicans grilled President Barack Obama’s nominee for the National Labor Relations Board Tuesday in a rare hearing for a nominee.

Craig Becker, a labor lawyer who has served as associate general counsel to both the Service Employees International Union (SEIU) and the AFL-CIO, has seen his nomination to the labor board stalled by Republicans.

Business groups oppose the nomination and argue Becker’s nomination should not be considered until Sen-elect Scott Brown (R-Mass.) is sworn in. They say Becker could help the NLRB enact regulatory changes that would have the effect of he card-check bill.

Cark check would allow workers to organize by signing authorization cards and would prevent management from demanding a secret ballot election.

The hearing by the Senate Health, Education, Labor and Pensions Committee was the first held for a nominee to the NLRB since 1993, when William B. Gould IV, President Clinton‘s nominee to the position of chairman, was asked to sit before the Committee.

Becker sought to assuage concerns from Sen. Johnny Isakson (R-Ga.) and other GOP senators about how he would consider decisions at the NLRB.

He said decisions on how unions are to certify the results of elections is under Congress’s authority, not the NLRB.

He backed away from past writings, saying, “I understand that there is a different role that I will have than the one I played as a scholar, and I respect that part of that role is to respect the will of Congress.”

Sen. John McCain (R-Ariz.) repeated a portion of the pledge members of the NRLB must take forbidding participation for two years in any matter in which a former employer is a party. He asked Becker if he would recuse himself from any cases coming before the Board involving Becker’s most recent employer, SEIU.

Becker replied, “I will abide, Senator McCain, with the terms of that pledge scrupulously, and as I indicated, if any other matters come up outside of the scope of that pledge where any party might think that I might not be impartial, I will consider the matter…. and if necessary recuse myself from those cases.”

McCain told Becker, “That’s not good enough.”

Senate Democrats expressed their support for Becker's nomination. Committee Chairman Tom Harkin (D-Iowa) called Becker, "one of the preeminent labor law thinkers in the United States." He went on to say, "I have spoken with him at length and I can say with great confidence he would be a valuable addition to the labor relations board.

Sen. Bob Casey (D-Penn.) said he didn't believe Becker's history would affect his objectivity. "We don't confirm judges around here who are robots, or mechanical beings. We confirm people that are human beings and that have a point of view and know how to argue in battle. I would hope someone in your position would be someone like that."

The Senate HELP Committee received a letter from 23 major trade organizations last week voicing concern that the NLRB would be able to “radically interpret existing labor law should Becker be confirmed.” It received a separate letter from 600 manufacturing employers urging members to oppose the confirmation.

U.S. Chamber of Commerce Senior Vice President for Labor, Immigration and Employee Benefits Randel K. Johnson issued a statement Tuesday criticizing the Democratic efforts to speed up the nomination process before Brown is seated on Feb. 11.

“It would be an egregious mistake and would set a dangerous precedent for the Senate to push this nomination through during a lame-duck period. The NLRB has the ability to unduly increase union power and leverage it without intervention by Congress. Confirming Becker will tilt the balance in labor law dramatically in favor of union special interests," Johnson said. 

Harkin signaled the panel could vote again on the nomination on Thursday.