Last year, President Obama nominated Craig Becker to the NLRB. Mr. Becker's nomination, however, bogged down in the U.S. Senate over his controversial views on the NLRA. The U.S. Chamber of Commerce even took the step of opposing Mr. Becker's nomination, a position it had not taken since the early 1990's. Ultimately, Mr. Becker's nomination failed to garner the 60 votes needed to overcome a threatened filibuster in the Senate.

In response, President Obama used a recess appointment to place Mr. Becker on the NLRB in 2010. Since that time, he has participated in a number of decisions the NLRB has issued.

Rather than looking for a different individual to fill this seat on the NLRB, last week the President again nominated Mr. Becker. Given the change in composition of the Senate in the 2010 election cycle, it seems unlikely that Mr. Becker will be confirmed by the Senate.