Born
on November 14, 1956, Harold Craig Becker graduated
from Yale
University in 1978 and from Yale Law School, where he was an
editor
of the Yale
Law Journal, in 1981.
From 1981-83 Becker clerked
for Donald Lay, Chief
Judge of the U.S. Court of Appeals for the Eighth Circuit. From
1983-89
he worked for the Washington, DC-based law firm Kirschner, Weinberg &
Dempsey. Becker thereafter taught
at UCLA Law School (1989–1994),
Georgetown University Georgetown
University Law School (1987–1988), and
the University of Chicago Law School. Over the course of his legal
career, he has argued cases in many venues, including
the U.S. Supreme Court. In 2009, when he was an associate
general counsel for the AFL-CIO
and the Service
Employees International Union (SEIU), he was appointed to the
transition
team for newly elected President Barack
Obama, assisting with the incoming administration's review of the Labor Department.
Becker
advocates
an authoritarian version of syndicalism
in which no employee would have the right not
to join a labor union. Says
Becker: “Just as U.S. citizens cannot opt against having a
congressman, workers should not be able to choose against having a
union as their monopoly-bargaining agent.” Asserting that business
owners have “no
legally cognizable interest” in
their workers' decisions vis a vis unionization, Becker
writes
that employers should be barred from NLRB [National Labor Relations
Board] proceedings: “On
these latter issues employers should have no right to be heard in
either a representation case or an unfair labor practice case, even
though Board rulings might indirectly affect their duty to bargain.”
Moreover,
Becker would even deny employers the right to alert
authorities to illegal union efforts to influence the outcome of a vote regarding the unionization of a workplace:
“[E]mployers should have no right to raise questions concerning voter eligibility or campaign conduct. Because employers have no right to vote, they cast no ballots the significance of which can be diluted by the inclusion of ineligible employees.… Because employers lack the formal status either of candidates vying to represent employees or voters, they should not be entitled to charge that unions disobeyed the rules governing voter eligibility or campaign conduct. On the questions of unit determination, voter eligibility, and campaign conduct, only the employee constituency and their potential union representatives should be heard.”
Becker
supports
the Employee
Free Choice Act (EFCA), a measure that would deprive workers of the
right to vote for or against the unionization of their workforce by
means of a secret ballot.
Becker
is believed to have played
a role in drafting an SEIU manual that
explained
how union organizers could intimidate businesses into taking away the
secret ballot from workers. This “Contract Campaign Manual” originally
surfaced
during a racketeering lawsuit filed against SEIU by the food-and-facilities management company Sodexo Inc., which accused the union of
running an “illegal campaign of extortion.” Specifically, the
manual tells
union members how to undermine the reputation of a business and its
management. It urges
union members to join forces with community
organizations and publicly reveal damaging personal information on individual
managers, so as to weaken their
bargaining position in contract negotiations.
In one of his
more controversial initiatives, Becker
worked
with
Chicago SEIU Local 880 on the issue of organizing home
health-care workers in Illinois. Six days after the union had donated
$200,000 to then-Governor Rod Blagojevich,
the latter signed a law that nearly doubled the Local's
membership and tripled
its income
(from $7 million to $21 million). At the same time, SEIU Local 880
was funneling hundreds
of thousands of dollars in union dues
to front groups for the community organization ACORN.
On
March 27, 2010, President Obama made a recess
appointment of Becker to the NLRB. The President’s action
enabled Becker to serve on the Board for a limited period of time without Senate
confirmation. On January 26, 2011, Obama renominated
Becker to the same seat, for a term that was slated to expire in December
2014.
At
Becker's nomination
hearing before the Senate Health, Education, Labor, and Pensions
Committee, Senator John McCain asked the nominee: “Do you perform
work for and provide advice to ACORN or ACORN-affiliated groups while
employed by your current employers or on a volunteer basis?” Becker
responded, “Senator McCain, I have never done so.” But that
answer was patently untrue. Becker indeed gave
advice to SEIU Local 880 in Illinois, which was part and parcel
of ACORN, before it merged with another SEIU bargaining unit.
Becker's nomination ultimately remained stalled in the Senate, and his recess appointment was slated to terminate at the end of 2011. Thus Obama
withdrew
the nomination
on December 15 of that year.