Court: U.S. Court of Appeals for the Fifth Circuit
Issue: Labor

RLC's Position:
The RLC filed an amicus brief (joined by the National Retail Federation) urging the Fifth Circuit to reconsider en banc the panel's decision ratifying the National Labor Relations Board's (NLRB's) approval of a micro union comprised of cosmetic and fragrance department employees at a Macy's store, despite the clear text of the National Labor Relations Act and longstanding NLRB precedent of a whole-store presumption in the retail context. If left unchanged, the Board's decision will cause significant harm to the retail industry by preventing employees from providing seamless customer service across departments, inviting gerrymandering in the workplace, and by limiting opportunities for employee growth.

Case Outcome: The Fifth Circuit declined to rehear the case. 

Procedural History and Case Documents:

Please use the DOWNLOAD button below to access the RLC's Brief.


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