The United States Supreme Court has granted the NLRB’s petition for writ of certiorari in NLRB v. Noel Canning, et al. In granting the petition, the Court wrote:
The petition for a writ of certiorari is granted. In addition to the questions presented by the petition, the parties are directed to brief and argue the following question: Whether the President’s recess-appointment power may be exercised when the Senate is convening every three days in pro forma sessions.
Jackson Lewis will prepare a more extensive analysis of the Court’s action shortly.