Commentary Magazine


Obama Labor Nominee Draws Democratic Opposition

It seems that the nomination of Harold Craig Becker to the National Labor Relations Board may finally be kaput. Republicans are uniformly opposed to the nominee, who is the SEIU and AFL-CIO’s lawyer and whose writings have offered the view that labor election laws can be rewritten by the NLRB without congressional authorization. Now Sen. Ben Nelson, struggling to get back into the good graces of conservatives and business groups, is coming out against Becker:

Sen. Ben Nelson (D-Neb.) announced Monday evening that he will support a Republican-led filibuster over President Barack Obama’s nominee to serve on the National Labor Relations Board. The move is likely to infuriate labor groups who have fought hard for Craig Becker’s nomination to serve on the five-member NLRB — and will likely give Republicans enough support to sustain a filibuster Tuesday.

A report by Congressional Quarterly (subscription required) states that other Democrats may oppose Becker, although none has done so publicly. If Becker can’t get through the Senate with 60 votes to break a filibuster, there is the potential for a recess appointment. It wouldn’t be the first recess appointment in recent memory, but it does speak volumes about how extreme Becker is (two other NLRB nominees face no organized opposition) and how Obama has failed to garner even a modicum of bipartisan support, whether in matters large (health care) or relatively small (a labor board nominee).