As previously reported, the validity of President Obama's January 4 recess appointments of Republican Terence Flynn and Democrats Sharon Block and Richard Griffin to the NLRB is being raised in several court proceedings. Those recess appointments were also challenged in a recent NLRB case, Center for Social Change, Inc., decided on March 24. The employer claimed that, because the recess appointments occurred while the Senate was in session but without the advice and consent of the Senate, the Board now lacks a quorum to act. That argument was unanimously rejected by the Board. Democrat Chairman Mark Gaston Pearce and Members Griffin and Block declined to rule on the merits of the claim, and instead applied what they referred to as the "well-settled presumption of regularity" of the official acts of public officials in the absence of clear evidence to the contrary. Republican Members Brian Hayes and Flynn refused to rely on any "presumption of regularity," but they found no jurisdictional basis for the Board to decide the lack of quorum issue.