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Wall Street Journal: Becker legislating “card check” by fiat

Craig Becker has so far refused to recuse himself. Well, perhaps that not the best way to put it. He’s more thrown up his hands and explained that what we thought he would recuse himself from (i.e. things related to the SEIU) and what he meant when he promised to recuse himself are two very different things entirely. Turns out, our fear that his appointment would signal the implementation of card check by means other that legislation were not unfounded. According to the Wall Street Journal:

And as many Senators feared when he was nominated, Mr. Becker is using his position on the National Labor Relations Board to bypass the will of Congress.[…] As a top lawyer for the Service Employees International Union, Mr. Becker had suggested that the NLRB has the legal authority to impose card check—which eliminates secret ballots in union elections—without the approval of Congress. And lo, at the end of August the NLRB dropped the bombshell, when, in a 3-2 decision, it decided to revisit its important 2007 Dana Corp. ruling. […]

This Dana reversal also raises more questions about Mr. Becker’s ethical standards. The labor lawyer has already refused to recuse himself from cases involving the SEIU, his former employer. Now it turns out he had filed a brief for the AFL-CIO in the original Dana case, arguing that there is no essential difference between card check and secret ballots and calling Dana-style protections “bad labor-relations policy.” Mr. Becker is clearly biased against Dana and by any reasonable standard should not be able to rule on it.

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