This afternoon, the White House announced President Obama’s intention to recess appoint three members of the National Labor Relations Board, including Sharon Block, Deputy Assistant Secretary for Congressional Affairs at the U.S. Department of Labor, Terence F. Flynn, Chief Counsel to Member Brian Hayes, and Richard Griffin, General Counsel for International Union of Operating Engineers. A link to the NLRB press release which contains the prospective members’ biographies is found here. For now, these appointments render the Board’s recent procedural actions taken in anticipation of its loss of a quorum moot. We anticipate that industry groups will challenge the President’s authority to make recess appointments while Republican Senators hold pro forma congressional sessions. We will continue to follow this closely and update you on any future developments.