NLRB Recess Appointments Supported By John Roberts, Opposed By John McCain

[Omaha Steve]

http://www.huffingtonpost.com/2010/03/26/nlrb-recess-appointments_n_514678.html

Since 2008, the National Labor Relations Board has struggled on with only two out of the five members it is supposed to have. And so, it hasn't been able to carry out its principal mission, which is administering the National Labor Relations Act -- "the primary law governing relations between unions and employers in the private sector" -- because it's rulings are constantly ending in one-to-one ties.

It's terrible, useless gridlock, but nothing has advanced because President Obama wants to appoint Craig Becker to the board. The trouble is, Becker -- a former attorney for the AFL-CIO and Service Employees International Union -- is not openly hostile to the interests of workers, so the GOP has been blocking the nomination.

Pat Garofalo reports that this matter came up during recent arguments before the SCOTUS in New Process Steel v. National Labor Relations Board, a case which basically hinges on whether the NLRB's two-member rulings are even valid. As Garofalo notes, there is a lot at stake: "if the decision goes against the NLRB, more than 600 cases that the shorthanded board has decided could be thrown out."

So, now, even Chief Justice John Roberts is wondering why Obama doesn't just make some recess appointments, already!

NEAL KATYAL, DEPUTY SOLICITOR GENERAL: 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 quorum -- a failed cloture vote in February. And so all three nominations are pending. And I think that underscores the general contentious nature of the appointment process with respect to this set of issues.


CHIEF JUSTICE ROBERTS: And the recess appointment power doesn't work why?

FULL story at link.

[harkadog]

1. Roberts didn't support recess appointments.

He was commenting on its constitutionality. It is a constitutional power and any of the nine justices would have agreed with the validity of its use. Recess appointment power doesn't work because the appointee can only see for the rest of the session of Congress. He/she then has to leave the job. This means that career employees who work for him/her can ignore his input because they know he will be gone sooner or later.