On February 9, 2010, President Obama’s nominee for one of the open seats on the five-member National Labor Relations Board, Craig Becker, failed to win the necessary 60 votes in the Senate to get past a filibuster of his nomination.  The vote was 52 to 33, with two Democratic Senators, Ben Nelson (NE) and Blanche Lincoln (Ark), included among the no votes.  Not voting with the Democratic side were Robert Byrd (D-W.Va.), Daniel Inouye (D-Hawaii), Mary Landrieu (D-La.), Mark Pryor (D-Ark.),  and Bernie Sanders (I-Vt.).

Mr. Becker, the associate general counsel of the Service Employees International Union and AFL-CIO, had faced major opposition from a number of business groups.

The President of the AFL-CIO, Richard Trumpka, is calling on President Obama to now recess appoint Mr. Becker, along with the other two NLRB nominees, whose appointments await confirmation.