NLRB nominations

The White House has formally sent the nominations of Terence F. Flynn, Sharon Block, and Richard F. Griffin, Jr. to the Senate for confirmation as National Labor Relations Board members. The three received recess appointments in January. These recess appointments are controversial, subject of a congressional hearing, and being challenged in court.

Rumor has it

President Obama will make recess appointments to the NLRB. As a preemptive comment on the political fall out of this decision, we note that the President's Republican predecessor made 7 recess appointments to the NLRB.

Recess NLRB appointments

The Hill has a good post on the potential of recess appointments to the NLRB. Unless the Senate acts to confirm the three pending nominations (it wont), the NLEB will only have 2 members at the end of the year. All 47 Republican Senators have sent a letter to the President asking him to reject recess appointments. Randy Johnson, the U.S. Chamber of Commerce’s senior vice president of labor, immigration and employee benefits notes, "I doubt the president would go forward because it would poison the well in the Senate.”

Boeing settled?

The Seattle Times is reporting Boeing and the Machinists' union have reached a tentative agreement on a 4 year deal that will secure Washington state as the location of the company's fabrication of the 737MAX. The agreement purportedly includes a resolution of the unfair labor practice complaint issued over the relocation of part of the 787 fabrication to South Carolina. Previous posts here and here. The NLRB case has become a volatile political issue. Although NLRB Acting General Counsel Lafe Solomon must approve any settlement of the case, it is unlikely the NLRB will stand in the way of a settlement pushed by the IAM. Supporters of the Company's relocation of work to South Carolina should also be happy as the fabrication facility there will continue operations if the settlement is ratified by the union membership and approved by Solomon.

Boeing case delayed

The high-profile unfair labor practices case against Boeing is stalled pending federal court enforcement of NLRB subpoenas to the company for documents. It is unlikely the case will be resolved before the end of 2011. At that point, it is likely the NLRB will no longer have a quorum of 3 members. Member Becker's recess appointment ends in December. Congressional Republicans are likely to filibuster any appointments thereby preventing the Board from having the third member necessary to function. A recess appointment is a possibility, but that requires a recess, something republicans have avoided by keeping Congress in session. Previous posts here.

Becker to get recess

President Obama will use recess appointments to by-pass Senate confirmation for 15 high level appointments including Craig Becker's appointment to the NLRB, as well as that of another Democrat, Mark Gaston Pearce.  The NLRB's press release is here. 

Recess?

Labor Secretary Hilda Solis suggests action on the Becker NLRB appointment will please labor. Recess appointment? Not sure, but solis told labor leaders they would be "very pleased."

Doomed, but not forgotten

WaPo columnist Harold Meyerson penned a pessimistic piece postulating potential passage of labor reform has for the forth time been doomed by dallying Democrats. I think he's right. EFCA is certainly dead. Whether reform occurs by legislation or NLRB action remains a long shot. Hand-wringing about recess appointment of Craig Becker draws ire and comparison to Bush appointments.