Court: U.S. Court of Appeals for the Fifth Circuit
The National Labor Relations Board (Board) incorrectly applied Specialty Healthcare to determine that a micro union of cosmetics and fragrance employees at a Macy's was appropriate for bargaining purposes. The RLC drafted and filed an amicus brief on behalf of the retail associations to provide the Fifth Circuit with the impact on the industry that would occur if the NLRB failed to apply the wall-to wall unit presumption that has been used in the retail context for decades. Applying Specialty Healthcare to the retail industry would disrupt retail operations and limit opportunities for employees.
The Fifth Circuit concluded that the Board did not violate the National Labor Relations Act or abuse its discretion in certifying the unit of cosmetics and fragrances employees. The Court further agreed with other circuits that in Specialty Healthcare the Board did not create a new test for its unit-determination analysis. The petition for review was denied and the Board’s cross-petition for enforcement was granted.
Procedural History and Case Documents