mr. pinkus couldn't. hasn't the chamber filed a lawsuit against the nlrb for its rule -- to unnecessary litigati litigation plague the wokkers to form a union? >> i know there's a lawsuit. >> a board that cannot enforce worker's rights is somewhat ideal, isn't it? >> i don't think that a board, that a government agency that can't act is ideal, but on the other hand, our constitutional system as senate lee stated that there will be collisions that have to get worked out. i think everyone would agree it was not ideal when the government shut down but it got worked out. >> got worked out about but what has not been work eed out here the chamber's resistance to the nlrb and frankly i'm concerned that the opposition of the recess appointments is opposition to the nlrb, i thank the witnesses for their participation and i thank the chair for being here. >> these appointments were made during agreed upon recess events? >> yes. >> so it allowed for recess appointments by design. >> there's nothing illegal by an ap