U.S. Court of Appeals for the Fifth Circuit

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Fifth Circuit denies rehearing en banc, upholds NLRB’s approval of micro bargaining unit

November 18, 2016

The petition for rehearing en banc was denied.

U.S. Chamber urges Fifth Circuit to overturn NLRB’s approval of micro bargaining unit

July 25, 2016

In its coalition brief, the U.S. Chamber argued the Fifth Circuit should grant the petition for rehearing en banc and set aside an order of the National Labor Relations Board (“NLRB”) that concluded 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, National Federation of Independent Business, and 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.

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