Friday, March 26, 2010
We have covered the dysfunctional NLRB for quite some time. Readers will recall that the NLRB currently has 2 Members. It is questionable whether the NLRB has the authority to act with only 2 members as that issue is currently before the Supremes. Becker was unable to muster the 60 votes necessary to defeat Republican opposition. For years, the NLRB Members have been appointed as part of a package deal. Presumably, that is why the other nominees have not been appointed.
Workplace Prof Blog raises the issue that the President may give Becker a recess appointment. It cites to the Blog of the Legal Times on the current situation as authority.
I have worked with Mr. Becker and believe he would make an excellent choice. However, I think it is a bit of a stretch to believe that the President will make a recess appointment-particularly just after he used so much political capital in the Obama Care debate. I can be wrong of course. Time will tell.
Mitchell H. Rubinstein