U.S. Chamber Calls for Senate Hearing on Labor Board Nominee Craig Becker

Cites Concern Over 'Out-of-the-Mainstream' Views, Bypassing Congress on Card Check

WASHINGTON, D.C.—The U.S. Chamber of Commerce urged the Senate Committee on Health, Education, Labor, and Pensions to hold a hearing on the nomination of Craig Becker to the National Labor Relations Board (NLRB). In a letter sent by Executive Vice President for Government Relations R. Bruce Josten, the Chamber cited concern over Becker's "out-the-mainstream" views on the National Labor Relations Act (NLRA), the federal law administered by the NLRB.

Specifically, the Chamber cited public writings in which Becker states that employers have no legitimate role to play when their employees are targeted by a union organizing campaign. According to an article he wrote in the Minnesota Law Review, Becker believes that "employers should be stripped of any legally cognizable interest in their employees' election of representatives."

Josten's letter also expressed concern that Becker's ties to the Service Employees International Union, an avid proponent of the "Employee Free Choice Act," could lead him to advance "Card Check" organizing through administrative action by the NLRB, regardless of what Congress does with the legislative proposal.

"While the views articulated in [Becker's] articles are alarming in and of themselves, what is especially troubling is that Mr. Becker does not necessarily believe that such changes require Congressional approval," wrote Josten. "Indeed, he appears to believe that the Board could implement them unilaterally even though they stand in direct conflict with the NLRA as articulated by Board precedent and numerous court cases."

On July 9, the White House sent three NLRB nominations to the Senate for confirmation, including Becker, Mark G. Pierce of Creighton, Pearce, Johnsen & Giroux in Buffalo, N.Y, and Brian E. Hayes, labor policy director for the minority on the Senate HELP Committee. No confirmation hearings are currently scheduled.

The NLRB's five members serve five-year terms staggered so that one expires each year. Becker is nominated to complete a term ending December 16, as well as a subsequent five-year term. Pearce is nominated to serve until August 27, 2013 and Hayes would hold his seat until December 16, 2012.

Currently, the Board has delegated its authority to its two sitting Members, Chairman Wilma B. Liebman and Member Peter C. Schaumber. Liebman is slated to serve until August 27, 2011; Schaumber's term expires August 27, 2010.

To view a copy of the Chamber's letter on Becker's nomination, please click here.

The U.S. Chamber is the world's largest business federation representing more than 3 million businesses and organizations of every size, sector, and region.

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