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U.S. Senate Filibuster Blocks Becker Nomination to NLRB

The nomination of Craig Becker to the National Labor Relations Board effectively died in the United States Senate this past Tuesday.   Due to a filibuster by the Senate, Becker needed 60 votes (3/5 of the Senate) on a cloture motion to have the Senate take a vote on his nomination.  Becker received only 52 votes on the cloture motion.  A breakdown of the votes can be viewed here.

Therefore, no action was taken on Becker’s nomination.  As a practical matter, this ends the process in the Senate for Becker (although a recess appointment by President Obama is a possibility.)

Meanwhile, the NLRB will continue to operate with just two Members (and three vacancies.)  The issue of whether the NLRB can even operate with just two members is currently pending before the Supreme Court in a case called New Process Steel v. NLRB.

Two other nominations are currently pending in the Senate.