Isakson Calls for President Obama to Withdraw Nomination for Labor Board

Continues To Voice Opposition To Craig Becker's Activities At NLRB

Feb 02, 2011

WASHINGTON – U.S. Senator Johnny Isakson, R-Ga., today voiced his opposition to President Obama’s re-nomination of Craig Becker to the National Labor Relations Board and joined all of his Republican colleagues in calling on the President to withdraw his nomination.

Isakson, the ranking Republican on the Senate Employment and Workplace Safety Subcommittee that has jurisdiction over labor issues, voiced dismay that Obama would re-nominate the pro-labor Becker after he was rejected by the Senate in February 2010 by a 52-33 vote.

“By again nominating Craig Becker to the National Labor Relations Board, the President is thwarting the will of the Senate,” said Isakson. “I’m very disappointed that the President would repeat the mistake of making this nomination that was rejected by my colleagues on both sides of the aisle. I call on the President to immediately withdraw his nomination.”

Becker was re-nominated to the National Labor Relations Board last week. He is currently serving on the Board under a Presidential recess appointment that runs until the end of 2011. The Senate’s 52-33 vote to reject Becker in February 2010 drew opposition from both Republican and Democratic Senators, including Isakson.

Isakson has been a strong opponent of Craig Becker’s nomination over concerns that he would use his position on the National Labor Relations Board to manipulate the federal regulatory process, compromise fairness and grant favors to the labor unions that formerly employed him. Isakson also has concerns over Becker’s expressed belief that the NLRB has the authority to make dramatic changes to the National Labor Relations Act without congressional action, including changes denying workers a secret ballot.

Isakson is strongly opposed to the so-called Employee Free Choice Act, also known as “card check,” which would eliminate the rights of workers to participate in a secret-ballot election in order to certify the creation of a union. Instead, the legislation would force employees to make a public declaration of their preference by allowing union organizers to bypass elections if a majority of employees sign cards authorizing a union.

Isakson said Becker has already shown his pro-labor union bias during the short time he has served at the NLRB. During the interview process in the Senate HELP Committee, Becker promised to recuse himself from cases involving his former employer, the Service Employees International Union, or the SEIU. In the past several months while serving on the NLRB through recess appointment, he has broken this promise and has repeatedly taken part in decisions involving the SEIU.

On Tuesday, all 47 Republican senators including Isakson sent this letter below calling on the President to withdraw Becker’s nomination:

February 1, 2011

Dear President Obama,

We are writing to urge you to withdraw the nomination of Craig Becker to be a Member of the National Labor Relations Board (NLRB).

We were disappointed that you chose to put Mr. Becker on the Board by recess appointment even after the Senate voted against advancing his nomination. After examination of his writings and a hearing before the Senate Health, Education, Labor and Pensions Committee, the Senate opposed his confirmation because of his record of supporting an expanded role for the NLRB beyond current law without Congressional authorization and his multiple conflicts-of-interest.

Last March, many of us wrote to you and urged you not to make this recess appointment in direct contravention of the will of the Senate. Unfortunately, the appointment was made and during his ten month tenure, Mr. Becker has not alleviated our concerns. He has led the Board to re-open and reverse settled decisions, made discrete cases a launching point for broad changes to current labor law, and used an 18 year-old petition to initiate a rulemaking proposal that likely exceeds the Board’s statutory authority. At the same time, the NLRB is threatening four states with lawsuits based on constitutional provisions protecting secret-ballot union elections that were adopted by the voters of those states. Yet, at the same time, the Board has ignored provisions in other states that conflict with federal law but benefit unions over employers, including state laws that restrict employers’ free speech rights during the union organizing process. These actions will ensure conflict with the Congress, entangle the NLRB in legal challenges for many years and result in an even more politicized, polarized, and unworkable NLRB.

The mission of the Members and staff of the NLRB is to enforce current law, and to protect the rights of working Americans to make their own decisions about whether or not to form and join labor unions. Changes to statutory law should be pursued solely through Congress, with the opportunity for debate, stakeholder input and amendment, followed by a vote.

Of equal concern, Mr. Becker assured Senators at his confirmation hearing that he would recuse himself from any Board matter in which his previous union employers were a party, for at least two years. Yet, when asked to recuse himself in 13 pending cases involving former employers, he refused in 12 of them. Disregard for the NLRB’s appearance of impartiality is of great concern.

We urge you to respect the will of the Senate and withdraw this nomination. We would be pleased to work with you to identify a replacement nominee capable of receiving swift confirmation.