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.
JAMES L. DENNIS, Circuit Judge:
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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