On Wednesday, January 4, President Barack Obama announced three recess appointments to the NLRB. They are Democrats Sharon Block and Richard Griffin and Republican Terence F. Flynn. The last time the Board had its full complement of members was in August 2010.
There is an ongoing controversy over the legality of these appointments, however. The President has the authority to make recess appointments, which, as its name implies, may only occur when the Senate is in recess. Since December 17, the Senate has been holding pro forma sessions every four days in order to prevent recess appoints. Republicans now question the legality of these appointments arguing that the Senate is not in recess.