every administrative decision or rule or regulation imp stemented by the national weather relations board will be subject to attack. this vulnerability will attack the agency's mission. the peace and stability in labor relations and minimizing the likelihood that labor strife will negatively impact interstate commerce in the united states. as recently as january 26th, the chair an of the lrb reportedly told the associated press or the a.p., reported that the nlrb would push for new rules that give unions a boost in organizing numbers. the chairman is quoted in stating we presume the constitutionality of the president's appointments and we go forward based on that understanding. the chairman's reference on the constitutionality of this is a critical issue. as you have heard today of the appointment of the three recess members is not constitutionally sound, the actions of the nlrb will be ultraferous. the agency will be isn't to legal challenge on that basis. this is because of a june 2010 united states supreme court opinion called new process steel versus nhlb. in new process steel, they a