The National Labor Relations Board (NLRB) issued a flurry of controversial decisions just prior to the expiration of Republican Board Member Brian Hayes’ term on Dec.16, 2012. The haste to wrap up key cases reflected the reality that Hayes’ departure left the board with uncertain prospects for maintaining the required quorum of three members in 2013.

On Jan. 25, the board’s worst fears were realized when the D.C. Circuit ruled that President Obama’s recess appointments were unconstitutional.