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As we noted several months ago , the five-member National Labor Relations Board is facing an operational crisis. Chairman Robert Battista’s term expired on December 16, 2007. Members Dennis Walsh and Peter Kirsanow are serving recess appointments that expire upon the sine die adjournment of Congress in 2007. That will leave only Member Wilma Leibman and Member Peter Schaumber.
While President Bush has the power to fill those vacancies via recess appointments, that is appearing less and less likely. A New York Times story today, entitled, “ Gone for the Holidays, but Leaving a Light on (Got It, Mr. President?) ,” noted:
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