Jeffrey Hirsch at Workplace Prof Blog has the latest development on the nomination that is holding up the confirmation that would bring the NLRB to full strength (5 members) and make it officially an “Obama Board.” The nomination of Craig Becker, a lawyer for the SEIU, has been “returned to the White House,” according to some post-Christmas reporting, Becker’s Nomination “Referred Back” to White House.
Hirsch doesn’t know exactly what this means, nor do I, but it can’t be a happy thing for organized labor, or Obama. As he also notes, it could turn what would have been an academic question, whether a 2 member Board can operate in the absence of a three member quorum, into something much more important. That case is currently pending before the Supreme Court.
Even if the 2 member power is upheld, at this particular time it really won’t matter, since the two current members, who were nominated by Presidents of different parties, only act when they are in agreement, which means nothing too controversial is likely to occur until something gives on the appointment to the three vacancies.