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NEW YORK (CNNMoney) -- The National Labor Relations Board -- a top target of Republicans and business critics of the Obama administration -- could be sidelined early next year.
The agency, which is supposed to be governed by a five-member board, is down to three active members because of Senate Republican opposition to Obama's nominees. And one of them, Craig Becker, will see his term end at the conclusion of the current session of Congress.
That's a problem, because the NLRB requires a three-member quorum to do anything, like set rules or consider a complaint. President Obama has nominated four appointees in the last two years, none of whom have come up for a confirmation vote in the Senate.
"Unfortunately and perhaps unsurprisingly, some in Congress have refused to allow votes on nominees to the board -- not on the grounds of qualifications, but simply political maneuvering and desire to render the Board unable to enforce the law," said Josh Goldstein, spokesman for the AFL-CIO.
Unless the Senate quickly confirms Obama's nominations, which seems unlikely, or the president makes a new recess appointment to the board, the NLRB won't have its three-member quorum when Washington goes back to work in January.
A recess appointment wouldn't require Congressional approval, but it would be tough for Obama to do. Although the Senate isn't in session, it hasn't formally recessed, and its recess could last only minutes before the new session begins.
The agency, which is supposed to be governed by a five-member board, is down to three active members because of Senate Republican opposition to Obama's nominees. And one of them, Craig Becker, will see his term end at the conclusion of the current session of Congress.
That's a problem, because the NLRB requires a three-member quorum to do anything, like set rules or consider a complaint. President Obama has nominated four appointees in the last two years, none of whom have come up for a confirmation vote in the Senate.
"Unfortunately and perhaps unsurprisingly, some in Congress have refused to allow votes on nominees to the board -- not on the grounds of qualifications, but simply political maneuvering and desire to render the Board unable to enforce the law," said Josh Goldstein, spokesman for the AFL-CIO.
Unless the Senate quickly confirms Obama's nominations, which seems unlikely, or the president makes a new recess appointment to the board, the NLRB won't have its three-member quorum when Washington goes back to work in January.
A recess appointment wouldn't require Congressional approval, but it would be tough for Obama to do. Although the Senate isn't in session, it hasn't formally recessed, and its recess could last only minutes before the new session begins.
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