David Dayen at over at our News Desk reports that Tom Harkin is telling folks Craig Becker will get a recess appointment in the next week or so.
Earlier this month, Labor Secretary Hilda Solis intimated that Craig Becker, a nominee for the currently non-functioning National Labor Relations Board, would get a recess appointment to the body. Now Tom Harkin is saying the same thing, telling CQ “It’s going to happen” during the Easter recess, set to begin March 26, or whenever the reconciliation bill is completed in the Senate.
About frickin’ time. Even Supreme Court Chief Justice John Roberts, in a hearing of a case about the validity of the NLRB’s decisions with just a two-member board, wondered why Obama just doesn’t solve the NLRB’s problem by using recess appointments. From Slate’s accounting of the Court proceedings yesterday.
Ginsburg asks about the status of the three dangling nominees. Katyal replies that, “They were named in July of last year. They were voted out of committee in October. One of them had a hold and had to be renominated. That renomination took place. There was a failed cloture vote in February. And so all three nominations are pending.” He adds, “I think that underscores the general contentious nature of the appointment process with respect to this set of issues.”
Also every other set of issues.
The last twist of the knife comes from straight the chief justice, who asks mildly, “And the recess appointment power doesn’t work why?” Katyal admits that the recess appointments process, which allows the president to fill up the board with his temporary appointments while the Senate is out of session, works just fine. It’s the president who has been unwilling to pull the trigger.
One has to imagine this was negotiated as some condition between labor and the White House during the health care fight. Labor’s held up their end of the bargain. Here’s hoping the White House and President Obama holds up theirs.



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Roberts is, as always, dishonest. He knows perfectly well what the problems are with the NLRB nominations. And then he wants to suggest that it is all Obama’s fault!
I’ll bet Robert votes in this case to invalidate all the NLRB decisions at issue, thus forcing the Board to re-do what little had been accomplished.
It is Obama’s fault because he could have put Becker on the board months ago.
Bullshit. Obama nominated him in a timely way. The Senate committee moved his nomination at a slow pace. Reid played games with the nomination right up to the final vote. Now Obama will give him the recess appointment.
If you want someone to blame, look to the Republicans and, secondarily, to Reid/Harkin.
I am as a harsh a critic of Obama as anyone when it comes to labor policy, but this one where he doesn’t deserve any of the blame.