The Senate today confirmed the nominations of both Mark Pearce and Brian Hayes to the National Labor Relations Board, as part of a broader package of 64 nominees approved via unanimous consent. Notably missing from the package was the controversial nomination of Craig Becker, the former SEIU and AFL-CIO counsel, to the labor board.
In refusing to approve Becker for a full term, the Senate has acknowledged the legitimate objections raised against his nomination based on years of writing that advocated excluding employers from having any role in whether businesses should be organized. The Senate showed restraint; let’s hope when it comes to enforcing labor law and regulations, the NLRB does the same.
- In March, President Obama made a recess of appointment of Becker and Pearce, and Becker can continue to serve through December 2011 under that appointment. Although nominated, Hayes did not receive a recess appointment.
- Pearce, a Democrat, and Hayes, a Republican, will now be able to serve the full terms at the Board to which they were nominated. (For Pearce, a labor lawyer from Buffalo, that means through Aug. 27, 2013; for Hayes, a Republican committee attorney, it’s Dec. 16, 2012.)
- Once the two nominees are sworn in, the NLRB will have a full complement of five members, but only until the term of Republican Peter Schaumber expires at the end of August.
- Wall Street Journal, “Two Confirmed to Labor Relations Board”
- Blog of Legal Times, “Senate Confirms a Herd of Nominees”
- GovExec.com, “Senate moves toward action on nominations”
- Washington Post (blog), “Senate confirms more than 60 Obama nominees”
UPDATE: The NRLB issued a news release on the Pearce and Hayes confirmation.