47 Senators Fear NLRB Recess Appointments, Appeal to Obama

by | Dec 21, 2011 | Uncategorized

WASHINGTON – In a letter sent today, all 47 Senate Republicans called on President Obama to not give recess appointments for Sharon Block and Richard Griffin to the NLRB. Last week, it was announced that Obama had withdrawn the nomination of Craig Becker, whose controversial recess appointment expires next week. In the letter, the Senators write that “Appointments to the NLRB have traditionally been made through prior agreement of both parties to ensure that any group of nominees placed on the board represents an appropriate political and philosophical balance.” The Senators noted that the “controversial recess appointment of NLRB Member Craig Becker is an example of an NLRB nominee having been appointed over the objection of the Senate and the result of that decision has been unending controversy throughout Member Becker’s entire term on the Board and, which has undermined the credibility of the entire NLRB.” The Senators particularly urged the President not to attempt to appoint Ms. Block and Mr. Griffin during the brief mandatory adjournment of the Senate in between sessions of Congress as some of the President’s allies have publicly suggested he do with other nominations.  According to the Senators, doing so would “set a dangerous precedent that would most certainly be exploited in future cases to further marginalize the Senate’s role in confirming nominees” and that such a maneuver “could needlessly provoke a constitutional conflict between the Senate and the White House.” A signed copy of the letter is attached and the full text is below: December 19, 2011 President Barack Obama The White House Washington, DC RE: NLRB Nominations Dear Mr. President: We are writing to urge you not to undermine the Senate’s advice and consent role by attempting to place your recently announced nominees to National Labor Relations Board, Sharon Block and Richard Griffin, in those positions through recess appointments.  Moreover, we urge to instead allow for a full and thorough review of their qualifications through regular order in the Senate. Appointments to the NLRB have traditionally been made through prior agreement of both parties to ensure that any group of nominees placed on the board represents an appropriate political and philosophical balance.  Indeed, the very statutory design of the Board is meant to ensure a basic level of bipartisanship in the appointment of Members.  As you are undoubtedly aware, appointments to Board that depart from this tradition have resulted in some of the most contentious, divisive struggles we face in the Senate.  Your controversial recess appointment of NLRB Member Craig Becker is an example of an NLRB nominee having been appointed over the objection of the Senate and the result of that decision has been unending controversy throughout Member Becker’s entire term on the Board, which has undermined the credibility of the entire NLRB. We urge you to avoid attempting to give your latest NLRB nominees – Ms. Block and Mr. Griffin – recess appointments at any point, especially during the mandatory adjournment between sessions of the 112th Congress, which will undoubtedly be very brief.  While some have publicly suggested doing so would be an appropriate course of action with regard to other nominations, it would, at the very least, set a dangerous precedent that would most certainly be exploited in future cases to further marginalize the Senate’s role in confirming nominees and could needlessly provoke a constitutional conflict between the Senate and the White House. We are certain that we all want to avoid any further conflict over additional recess appointments to the NLRB.  It would be especially unfortunate if the Senate was never given an opportunity to fully explore their qualifications and suitability to be Members of the NLRB through a careful and deliberative hearings and confirmation process.  Thank you for your attention regarding this important matter. Sincerely,

INK Newsletter

APPROACHABILITY MINUTE

GET OUR RETENTION TOOLKIT

PUBLICATIONS

Archives

Categories