in the nlrand ma oer departments were of longstanding but unable to either get a hearing or unable to pass the relevant committee. the question is had the advice and consent power been used to make the nlrb non-functioning as an agency of government? >> i think that was the plan. there was, the nlrb, the supreme court previously held unless the agency has a quorum, three members, they're not able to junction, and they dip below that. they are not able to decide matters properly before them. and notwithstanding that the senate was refusing to take nominees before them. this was a case of holding up nominees was very much by design, intended to slow or halt functioning of the agency. >> and it was defeated because ultimately the president did nominate and the senate confirmed the full roster of nlrb commissioners and they're moving on. if these particular rulings were invalley, the new board that is activists show the >> th welcome back to inside story. i'm ray suarez. we're talking about the president's ability to make nominations when the senate is at recess. in the nlrb and many othe