Wyatt Employment Law Report


Leave a comment

President Obama Withdraws Craig Becker’s Nomination to the NLRB

By Edwin S. Hopson

According to various news and blog reports, President Obama has officially withdrawn his nomination of Craig Becker to be a Member of the National Labor Relations Board.  Becker has been serving a recess appointment which will expire at the end of the year.  Republicans in the Senate last year defeated an effort to confirm Becker to a full term on the Board. 

U.S. Senator Orrin Hatch inn a press release dated December 15, 2011, praised the President’s action and urged him not to make recess appointments of the two persons just nominated this week to the Board.


Leave a comment

Republican Senators Block GPO Nominee Over Senate’s Failure to Confirm NLRB Nominee

By Edwin S. Hopson

In an article by Josiah Ryan posted on www.thehill.com on October 19, 2011, it was reported that Senators Orrin Hatch (R) and Johnny Isakson (R) have prevented confirmation of William J. Boarman, the President’s nominee for head of the U.S. Government Printing Office, because the Democratically-controlled Senate has not scheduled a vote on the nomination of Terence Flynn, a Republican, to be a Member of the National Labor Relations Board. Mr.Flynn was nominated by President Obama on January 5, 2011, but to-date the Senate Health, Education, Labor and Pensions Committee has not approved the nomination, the first step in the Senate’s process.

Currently, there are three Members on the five-member Board:  Chairman Mark Pearce (D), Member Craig Becker (D) and Member Brian Hayes (R).  It appears that on December 31, 2011, the recess appointment of Member Becker will expire.  Should Mr.Flynn be confirmed by the Senate, then after December 31, 2011, the Republican Members would be in the majority.  If Mr. Flynn (or another nominee) is not confirmed this year, then the NLRB would likely be reduced to just two Members and be unable after December 31, 2011, to issue decisions or take other actions under the recent Supreme Court decision in New Process Steel v. NLRB, 30 S. Ct. 635 (2010).