Well, then, we shall just ignore Roe v Wade, and the Obamacare Supreme Court decision from last year.
There's a difference between a Supreme Court decision and a Circuit Court decision. There is something of a circuit split (several different circuit splits, actually) regarding the question of when the Senate is in "Recess" for the purposes of the "Recess Appointments" clause. The DC Circuit's ruling in this case (that "Recess Appointments" apply only to appointments made during the recess between Congresses every two years, and that they only apply to vacancies that open up during that recess) was more restrictive of the President's power than most other decisions have been. The DC Circuit (unfortunately) did not enjoin the NLRB from acting with the disputed commissioners, which (again, unfortunately) means that the decision does not precent the NLRB from acting in other cases. Until the Supreme Court weighs in, the NLRB's position here is technically correct.