On January 4, 2012, President Obama used his recess powers to appoint three members to the National Labor Relations Board (“NLRB” or “Board”). These appointments were made one day after the NLRB lost a quorum on its five-seat board following the expiration of the 2010 recess appointment of NLRB Member (and former top lawyer with the SEIU and AFL-CIO) Craig Becker. Under the Supreme Court’s 2010 decision in New Process Steel, L.P. v. NLRB, the Board must have a quorum of three members to decide cases and issue enforceable decisions. These new recess appointments restored the Board’s quorum, thereby avoiding a shutdown of the Board’s operations.

Specifically, the three new appointees include...