Last year, in a unanimous opinion, the US Supreme Court struck down President Obama’s recess appointments to the National Labor Relations Board as unconstitutional because the Senate was not in recess at the time (NLRB v Noel Canning). Subsequently, an agreement was reached between the President and the leadership in the US Senate that would allow for his nominees to be voted on by the full Senate as required and seated on the NLRB. Since the court in the Canning decision ruled the appointments illegal, then logically, so too were all of the decisions reached by the illegally constituted Board. Once the Congressional agreement was reached however, and the same members were then reappointed to their Board seats, the full NLRB began re-hearing the cases and systematically reaching the same decisions – an expected, but not good result for small businesses across the nation. At this point, they have re-issued 35 of the decisions they had previously rendered and that trend is expected to continue throughout their terms on the Board.