On June 26, 2014, the U.S Supreme Court unanimously upheld the decision of the U.S. Court of Appeals for the District of Columbia Circuit in Noel Canning v. NLRB, concluding that President Barack Obama’s three recess appointments to the National Labor Relations Board (NLRB)—Sharon Block, Richard Griffin, and Terence Flynn—were not valid. Accordingly, since three out of the five members were invalidly appointed, the NLRB lacked a quorum. That means Board decisions, including union-friendly rulings on social media, confidentiality rules, and off-duty employee access to the workplace, are now affected and likely invalid
In January 2012, President Obama filled three vacancies on the NLRB while the Senate was on its 20-day holiday break. Republicans objected to the president’s appointments, claiming the Senate wasn’t in recess because it was holding pro forma sessions every few days.