Before it adjourned for the holidays, the U.S. Senate returned to the president for reconsideration his nomination of Craig Becker to the National Labor Relations Board (NLRB).

Senator John McCain (R.-Arizona) had threatened to put a hold on the nomination, and Senator Orrin Hatch (R.-Utah) had also strongly objected to Becker’s nomination.

Becker, who serves as Associate General Counsel to both the Service Employees International Union (SEIU) and the American Federation of Labor & Congress of Industrial Organizations (AFL-CIO), has been under attack for his view that employers should have no say in unionization efforts; that is, they should not be allowed to address union issues with employees.

The U.S. Chamber of Commerce is also fearful that Becker will use his post as at the NLRB to implement provisions of the Employee Free Choice Act (EFCA) extra-legislatively, particularly a gag order on employers during organizational drives.

President Obama has three options: He can reappoint Becker, he can withdraw his name in favor of someone else, or he can make a recess appointment, which would put Becker in the post immediately.