Dubya had no problem using recess appointments to put people into positions of power whom the Democrats, post-2006, would never approve.
Barack Obama faces a similar challenge with his nomination of Craig Becker to the National Labor Relations Board (NLRB). He could've made a recess appointment this month after the Senate returned Becker's nomination to him. Instead, it is rumored that he will reappoint his man in hopes that he can get a full appointment. Obama must know, deep down, that both the House and the Senate will no longer be Bush-whacked after the 2010 elections (see Massachusetts, Tuesday's election results) and figures this is his only chance to get a full appointment.
If he does get a full appointment, Becker and his cronies on the Democratic side (the NLRB is normally split 3-2 in favor of the ruling party) can outdo the Employee Free Choice Act (EFCA) via bureaucratic fiat–with nary a vote by any elected representative. It would then take a lengthy trail of court challenges, ultimately leading to the Supreme Court, to undo the NLRB ukazes. By then, the Dems will no doubt have long faded into the haze of their own excesses and the Repubs will be back in power. In the meantime, all hell could/would break loose on the labor front, with (among other NLRB-issued decrees):
- The time-frame for union elections drastically reduced to a week or 10 days;
- The silencing of employers during the unionization process;
- Increased (and onerous) fines for interfering in the organization process;
- A mandate to provide organizers with names, addresses and phone numbers of all employees and free access to company facilities to speak to employees about unionization:
- Or, the final trump card–organization by card check with signatures certified by a "neutral" third-party examiner.
EFCA, who needs it when you have Craig Becker and company?
Why No Recess Appointment for Craig Becker? (Knock on Wood!) is a post from: Labor Law Guy
