President nominates two NLRB

The White House has announced the nominations of two Democrats for vacant positions on the NLRB. No word on whether they will get recess appointments. My bet is they wont be confirmed in advance of 2012 election.

Dysfunction at the NLRB

Steve Greenhouse, in the New York Times (registration required), has a good overview on the partisan infighting at the NLRB.  The 2 Democrats are pushing for an approval vote on new rules for conducting representation elections. Republican Member Hayes opposes the rules and claims he has been locked out of the process of formulating them. It is unclear whether Hayes has been excluded or has refused to participate. What is clear is Member Hayes could resign before the vote and deprive the two remaining Board Members from having the necessary 3 member quorum to conduct business. It is increasingly likely no new Board Members will be confirmed until after the 2012 elections. Member Becker's interim appointment expires when Congress adjourns at the end of the year. Republicans are already prepared to stay in session to prevent any recess appointments.

Becker gets recess appointment

President Obama will use recess appointments to by-pass Senate confirmation for 15 high level appointments including Craig Becker's appointment to the NLRB, as well as that of another Democrat, Mark Gaston Pearce.  The NLRB's press release is here. Interesting move in not appointing anyone to the 5th seat on the Board. As it stands now, Democrats are guaranteed to be the majority of every three member panel of the NLRB.

Recess for Becker?

John Judis in this piece in The New Republic makes the case for President Obama to "put [Craig] Becker on the NLRB via recess appointment."

Hmmm?

Law Professor says Democrats have nothing to lose from recess appointment of Craig Becker.