MACY'S, INC. v. N.L.R.B.

No. 15-60022.

824 F.3d 557 (2016)

MACY'S, INCORPORATED, Petitioner Cross-Respondent, v. NATIONAL LABOR RELATIONS BOARD, Respondent Cross-Petitioner.

United States Court of Appeals, Fifth Circuit.

Filed June 2, 2016.


Attorney(s) appearing for the Case

Shay Dvoretzky , Jones Day, Washington, DC, Willis J. Goldsmith , Jones Day, New York, NY, for Petitioner Cross-Respondent.

Linda Dreeben, Esq. , Deputy Associate General Counsel, Julie Brock Broido , Supervisory Attorney, Gregory Paul Lauro , Trial Attorney, National Labor Relations Board , Appellate & Supreme Court Litigation Branch, Washington, DC, Jonathan Kreisberg , National Labor Relations Board, Regional Office, Boston, MA, for Respondent Cross-Petitioner.

Alfred Sebastian Gordon , O'Connell, Pyle, Rome, Ehrenberg, P.C., Boston, MA, Matthew James Ginsburg , AFL-CIO, Washington, DC, for Intervenor.

Todd Clifford Duffield , Ogletree Deakins, P.C., Atlanta, GA, for Amicus Curiae Coalition for a Democratic Workplace, Chamber of Commerce of the United States of America, International Foodservice Distributors Association, National Association of Manufacturers, National Association of Wholesaler-Distributors, National Federation of Independent Business, Society for Human Resource Management, National Restaurant Association.

Howard Shapiro, Esq. , Proskauer, New Orleans, LA, for Amicus Curiae HR Policy Association.

Jason C. Schwartz, Esq. , Gibson, Dunn & Crutcher, L.L.P., Washington, DC, for Amicus Curiae Retail Litigation Center, National Retail Federation.

Before BENAVIDES, DENNIS, and COSTA, Circuit Judges.


The National Labor Relations Board (NLRB or the Board) certified a collective-bargaining unit consisting of all cosmetics and fragrances employees at the Saugus, Massachusetts, Macy's department store. After Macy's refused to bargain with Local 1445, United Food and Commercial Workers Union (the Union), which was...

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