It’s often said that uncertainty is the biggest enemy of business, and when it comes to employee and labor matters, uncertainty rules the day.

Companies and others have contested the validity of decisions made by the National Labor Relations Board, the chief regulator and investigator of unfair labor practices, since January of 2012, due to a dispute over the legitimacy of members named to the board by President Obama using recess appointments. The controversy hasn’t stopped the NLRB from ruling and taking other regulatory action, although some critics say those actions and rulings are void.