[UPDATE FROM AUTHOR DAVID R. HOFFMAN, 1/5/12: Shortly after this article was written and submitted for publication, President Obama used the Congressional Recess to appoint three new members to the NLRB, bringing the total number of board members to five. These appointments included a replacement for one board member whose term recently expired. Had these appointments not been made, the NLRB board would have been reduced to two members, which would have nullified its decision-making powers, as described above].
[UPDATE FROM AUTHOR DAVID R. HOFFMAN, 1/5/12: Shortly after this article was written and submitted for publication, President Obama used the Congressional Recess to appoint three new members to the NLRB, bringing the total number of board members to five. These appointments included a replacement for one board member whose term recently expired. Had these appointments not been made, the NLRB board would have been reduced to two members, which would have nullified its decision-making powers, as described above].