The labor board has five seats and needs at least three sitting members to conduct business. At the time of the New Vista ruling, it had the minimum of three, but one member was Becker, the recess appointee.
Becker is no longer on the NLRB, but the current board also has only three members, two of whom are Obama recess appointees. More than a hundred companies have appealed NLRB decisions this year arguing that the board does not have enough validly appointed members to conduct business.
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