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

No. 15-60022.

844 F.3d 188 (2016)

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

United States Court of Appeals, Fifth Circuit.

Filed November 18, 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, 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 Local 1445, United Food and Commercial Workers International Union.

George Roger King, Esq. , HR Policy Association, Washington, DC, Howard Shapiro, Esq. , Proskauer, New Orleans, LA, for HR Policy Association, Amicus Curiae.

Todd Clifford Duffield , Ogletree Deakins, P.C., Atlanta, GA, Gavin Samuel Martinson , Ogletree, Deakins, Nash, Smoak & Stewart, P.C., Dallas, TX, for Chamber of Commerce of the United States of America, National Federation of Independent Business, National Restaurant Association, and Coalition for a Democratic Workplace, Amid Curiae.

Todd Clifford Duffield , Ogletree Deakins, P.C., Atlanta, GA, for International Foodservice Distributors Association, National Association of Manufacturers, National Association of Wholesaler-Distributors, and Society for Human Resource Management, Amici Curiae.

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

Before BENAVIDES, DENNIS, and COSTA, Circuit Judges.


Treating the petition for rehearing en banc as a petition for panel rehearing, the petition for panel rehearing is DENIED. The court having been polled at the request of one of its members, and a majority of the judges who are in regular active service and not disqualified not having voted in favor (FED. R. APP. P. 35 and 5TH CIR. R. 35), the...

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