In the last days of Summer 2016, as the political make-up of the National Labor Relations Board (NLRB) was about to change, the Board suddenly issued 20 decisions in a single week. The reason for this unusual output was not some legal requirement or particular deadline but rather a long held tradition at the Board.

NLRB member Kent Hirozawa’s term ended August 27, 2016. Hirozawa was a Democrat appointed by President Obama to the five-member Board. With the departure of member Harry Johnson last year and the recent departure of Hirozawa, the Board was reduced from its usual five members to three. Two of those members are Democrats, and one is a Republican. The Supreme Court has found that three members constitute a quorum, and, thus, the Board can continue to make binding decisions. However, it has long been the practice of the Board to not make major changes in the law without the support of at least three Board members. With the departure of member Hirozawa, the now three-member Board is ideologically split between two Democrats and one Republican. It seems unlikely that any major changes will be made to NLRB law with three votes supporting the change until new members are appointed by the next President. This tradition of requiring three members to change existing law must have been on the minds of the Board members as the summer, and Mr. Hirozawa’s term, came to an end. As the number of remaining days of Mr. Hirozawa’s term shortened, the Board engaged in a flurry of activity, issuing decisions making major changes in the law that many view as strongly pro-union and which are likely to have real significance to employers.