Knowing the President would take advantage of any Senate recess to appoint his choices to the board through his constitutional power to make recess appointments thereby putting the NLRB back into action Republican members of the Senate sought to technically keep the doors open by gaveling sessions in and out every few days, even though there were no senators around and no business was being transacted.

FORBES: Court Slaps Down Obama On NLRB Appointments-Decision Could Invalidate Hundreds Of Labor Decisions

The president had taken similar action in March 2010, when he placed two members on the Board by recess appointment.

FORBES: Employers Face Uncertainty as Supreme Court Twice Declines - For Now - to Enter Fray over Legality of Obama Recess Appointments to NLRB