Macy's v. NLRB

Case Updates

The Fifth Circuit denied the petition for review, concluding that the NLRB did not violate the NLRA and that the micro unit was appropriate. A subsequent petition for rehearing en banc was denied.

In its coalition brief, the U.S. Chamber argued the Fifth Circuit should grant the petition of Macy’s, Inc. to set aside an order of the National Labor Relations Board (“NLRB”) concluding that a bargaining unit consisting of sales employees in the fragrance and cosmetics departments at a Macy’s store in Saugus, MA was an “appropriate bargaining unit” under the National Labor Relations Act (“NLRA”).

The brief argues that the NLRB's approval of such “micro units” in Specialty Healthcare & Rehabilitation Center of Mobile, which it has subsequently applied in this and several other cases, is contrary to Section 9(b) of the NLRA and also violates the Administrative Procedure Act.

The U.S. Chamber filed this brief jointly with the Coalition for a Democratic Workplace, International Foodservice Distributors Association, National Association of Manufacturers, National Association of Wholesaler-Distributors, National Federation of Independent Business, Society for Human Resource Management, and the National Restaurant Association.

Todd C. Duffield, Brian E. Hayes, Christopher R. Coxson, and Gavin S. Martinson of Ogletree, Deakins, Nash, Stewart & Smoak, P.C. served as co-counsel for the amici with the U.S. Chamber Litigation Center.