On June 26, 2014, the U.S. Supreme Court unanimously limited the President’s power to make recess appointments under the Recess Appointments Clause of the Constitution, Art. II, Sect. 2, Cl. 3. While the decision involved 2012 Presidential appointments made to the National Labor Relations Board (NLRB or “Board”), the ramifications of the decision extend far beyond labor law appointments.

The NLRB is a five-member board which hears complaints about union and non-union employers regarding unfair labor practice charges. A 2010 Supreme Court decision held that, to constitute a quorum and issue valid decisions, the Board must have at least three members.