On October 21, 2009, by a 15-8 vote, the Senate Health, Education, Labor, and Pensions (”HELP”) Committee approved SEIU associate general counsel Craig Becker, the most controversial of President Obama’s three nominees to the National Labor Relations Board (NLRB). The HELP Committee unanimously supported the nominations of Democratic union attorney Mark G. Pearce and Republican Senate staffer Brian E. Hayes to the Board.  After the votes, Sen. John McCain (R-AZ) placed a “hold” on the Becker nomination, which will likely delay the full Senate’s consideration on all three nominations. 

Becker, who serves as Associate General Counsel to both the SEIU and the AFL-CIO, has drawn opposition from business groups, led by the U.S. Chamber of Commerce, and Republicans, who have called for a hearing over his nomination. Sen. McCain has informed HELP Committee Chairman Tom Harkin (D-IA) that he has “concerns regarding Mr. Becker’s written views, which indicate that he would prevent employers from having a role in union representation elections in their workplaces by doing away with requiring fair, secret ballot union elections when requested by an employer.” Sen. Harkin asserted that holding a hearing was unnecessary and departed from longstanding practice. 

The NLRB currently is functioning with only two of five board positions filled, raising questions over the validity of two-member Board decisions that has resulted in the D.C. Circuit invalidating two-member Board decisions. Other circuits have upheld two-member Board decisions and the issue may be resolved by the U.S. Supreme Court this year. If confirmed by the Senate, President Obama’s three nominees will return the Board to full strength.