News & Analysis as of September 19, 2024

Retailers

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The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five presidentially-appointed members, who are charged with overseeing union elections and hearing complaints of unfair labor practices under the NLRA. less -

Fifth Circuit Upholds Micro-Bargaining Unit at Retailer, But Dissent Finds Labor Board’s Legal Standard Wanting

Jackson Lewis P.C. on 12/13/2016

The U.S. Court of Appeals for the Fifth Circuit has denied, 9-6, a retailer’s request for a rehearing of the decision of a three-judge panel of the Court upholding the National Labor Relations Board’s decision that the...more

NLRB Decisions on “Micro Units” Provide Guidance for Employers Concerned With Union Organizing

Ogletree, Deakins, Nash, Smoak & Stewart,... on 8/8/2014

In two recent decisions, the National Labor Relations Board (NLRB) reached different conclusions on whether unions can organize small groups of employees in a workplace. While the NLRB’s decisions in Macy’s, Inc. and The...more

Should Bergdorf’s Tell Macy’s?

Sherman & Howard L.L.C. on 8/4/2014

In a peculiar spin on the old line “would Macy’s tell Gimbel’s,” the NLRB unanimously rejected a micro bargaining unit at retailer Bergdorf Goodman only a week after it approved a somewhat similar micro bargaining unit at...more

NLRB Issues Mixed Decisions When Applying Specialty Healthcare to Retail Industry

Ballard Spahr LLP on 8/1/2014

In two separate decisions, the National Labor Relations Board (NLRB) has extended to the retail industry the standard for recognizing what is an “appropriate” bargaining unit that it established in Specialty Healthcare and...more

Micro Bargaining Units Headed to Retailers

Sherman & Howard L.L.C. on 7/25/2014

The NLRB has affirmed the certification of a micro bargaining unit at a Macy’s retail store. Macy’s Inc. and Local 1445, UFCW, 361 NLRB No. 4 (July 22, 2014) The certified unit consists solely of roughly 40 cosmetics and...more

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