Macy's, Inc. v. NLRB, No. 15-60022 (5th Cir. 2016)Annotate this Case
The Board filed an unfair labor practices order against Macy's after the company refused to bargain with the Union. Macy's petitioned for review and the Board filed a cross-application for enforcement. The court concluded that the Board's unit determination was supported by substantial evidence and did not demonstrate a complete lack of separate interests. Although the unit composition argued for Macy's may have also been an appropriate bargaining unit, the court could not say that the one approved by the Board was clearly not appropriate based on the employees' community of interests. The court agreed with its sister circuits that in Specialty Healthcare and Rehabilitation Center of Mobile, the Board clarified - rather than overhauled - its unit-determination analysis. The court declined to overrule Specialty Healthcare per Macy's request. Therefore, the court held that the Board did not abuse its discretion when it determined that the other selling employees do not share an overwhelming community of interest with the petitioned-for employees. Accordingly, the court granted the cross-application for enforcement and denied Macy's petition.
The court issued a subsequent related opinion or order on November 18, 2016.