Thank you for reposting this. I'd be more than happy to discuss Labor Board issues another time, but for the moment, here's my quick response:

1.  As I write in the article, the recess appointment shenanigans could affect upwards of 1,000 cases that were decided in the period that the DC Circuit and other courts ruled that the Board acted without a quorum.  And the beat goes on.  Since this article, another court has found that a non-partisan civil servant who serves as regional director of one of the Board geographical regions was improperly appointed, which threatens all the decisions in that region.

2. The Board has been underfunded for years, and is a perfect example of the Norquist approach to government.  There are really decent people working around the country for the NLRB, folks who could be making a helluva lot more in the private sector, and they act non-partisan and still they're in the cross-hairs of this travesty.

3.  Underfunding leads to delay which leads to giving up, which means that the NLRB is just not doing what FDR et al and all of our presidents through Reagan believed it should do. 

4.  Sometimes when we in the union bar get discouraged we start to believe that we would be better off without the NLRA, better off with just the Norris-LaGuardia Act which prohibits judicial restraint of labor disputes, and better off taking matters into the hands of working people with strikes, and then more strikes.

Don't get me started--gotta finish writing about some goats in the bible! :)