Isakson: Labor Nominee Intentionally Misled Senate 
Sent Letter to Obama Saying Nomination Should Be Withdrawn
 
WASHINGTON (February 1, 2010) – U.S. Senator Johnny Isakson, R-Ga., today voted against the motion to end debate on the nomination of New York labor commissioner Patricia Smith to be solicitor at the U.S. Department of Labor because of Smith’s efforts to mislead senators during her confirmation process.

The Senate approved ending debate on Smith’s nomination by a vote of 60-32. A final vote on her confirmation is expected to occur later this week.

“The Senate should not tolerate a nominee intentionally misleading a standing committee of this body. My guess is that the Democrat majority would not have stood for that under the previous administration and they shouldn’t stand for it today,” Isakson said.

On Sept. 10, 2009, Isakson wrote to President Obama and requested that he withdraw Smith’s nomination because Isakson believes Smith was consistently evasive in response to numerous questions from members of the Senate Health, Education, Labor and Pensions Committee during her confirmation process. He was especially concerned with her statements regarding a program called "Wage Watch," which deputized private activist groups to inspect small businesses to look for violations of wage and hour laws. 

In April 2009, Isakson wrote to Smith and asked if she foresaw “the possibility of instituting similar efforts on the national level.” On May 12, 2009, Smith replied that she had “not considered or advocated expanding it across New York, to other parts of the country, to the federal level or to other laws.” However, documents procured by the HELP Committee revealed that Smith wrote in January 2009 that she would like to double the number of organizations involved, “while laying the foundation to expand the program to various parts of Long Island and upstate New York.” She continued, “We’re creating a movement here, and the more the merrier.” 

Isakson also criticized remarks Smith made to the New York Times regarding “Wage Watch.” In discussing the success of the program in closing down a business, Smith said that she had “made the determination that it would be better for workers to lose their jobs than to continue working there.” 

“I think the proactive enforcement of labor law should be vigilantly looking for violations and vigilantly pursuing correction. It should not be vigilantly looking for someone you can put out of business and cost the jobs of the employees of that small business,” Isakson said.