Monday, June 6, 2016

Fifth Circuit cool with union micro-units

Not official use.
Just a quick entry to note the Fifth Circuit's decision in Macy's, Inc. v. NLRB. The Court granted the NLRB's motion to enforce its order certifying a bargaining unit.

The bargaining unit consisted of cosmetics and fragrances employees at a single Macy's department store. Macy's argued that the smallest appropriate bargaining unit would have been "a wall-to-wall unit of all [of that location's] store employees, or, alternatively, all selling employees at the store." The Fifth Circuit held (paraphrasing), "nah, the mico-unit is cool with us."

The Court showed considerable deference to the NLRB, which applied its 2011 micro-unit holding in Specialty Healthcare.