February 24, 2011

Thank you for contacting me regarding Craig Becker’s nomination to the National Labor Relations Board. I greatly appreciate hearing your thoughts on this important issue.

The National Labor Relations Board (NLRB) was established in 1935 as an independent federal agency to oversee relationships between private employers and employees. In this role, the NLRB’s two main goals are to investigate unfair labor practices and facilitate the process for certifying a union. The NLRB governing board has five members, and each member serves a five-year term after being appointed by the President and confirmed by the Senate. Unfortunately, the Board operated with only two members for over two years between 2007 and 2009, which significantly impeded its ability to handle all of its responsibilities and created a substantial backlog of cases.

At the time of his nomination, Mr. Becker served as Associate General Counsel to both the Service Employees International Union and the American Federation of Labor & Congress of Industrial Organizations. He is also a practitioner and scholar of labor law; he taught at UCLA, University of Chicago and Georgetown University Law Schools for 27 years. He graduated from Yale and then Yale Law School where he was the Editor of the Yale Law Journal. Immediately following his graduation in 1981, he clerked for the Honorable Donald P. Lay, Chief Judge of the United States Court of Appeals for the Eighth Circuit. Mr. Becker’s impressive experiences and his testimony gave myself and other members of the Health, Education, Labor, and Pensions Committee confidence in his nomination to the NLRB.

On February 9, 2010, the Senate voted on a procedural motion that would have allowed for a final vote on confirming Mr. Becker’s nomination.  Although Mr. Becker recieved the support of 52 senators, including myself, 60 were required to bring debate on his nomination to a close.

On March 27th, Mr. Becker was given a recess appointment to the NLRB. As you may know, under Article II, Section 2 of the Constitution, the President has the power to appoint individuals to high-level positions in federal departments, agencies, boards, and commissions with the advice and consent of the United States Senate. When the Senate is in recess, however, the President can make a temporary appointment to any such position without Senate approval. The appointment expires at the end of the Senate’s next session or when an individual is permanently appointed to the position through Senate confirmation.