Macy's, Inc. v. Local 1445, United Food and Commercial Workers Union

Case Updates

The Board affirmed the decision of the Acting Regional Director finding the cosmetics and fragrances employees to be a readily identifiable group who share a community of interest among themselves. Further, the Board found that the Employer had not demonstrated that its other selling employees shared an overwhelming community of interest with the cosmetics and fragrances employees. Under Specialty Healthcare, the petitioned-for unit constitutes an appropriate unit for bargaining which the Board says is consistent with precedent concerning retail department stores.

The U.S. Chamber urged the National Labor Relations Board (NLRB) to overrule its decision in Specialty Healthcare, which held that employees' section 7 rights include the right to be represented by a particular bargaining unit. NCLC argued in its amicus brief that this decision is contrary to section 9(b) of the National Labor Relations Act (NLRA) because it contravenes the obligation of the Board to decide the appropriate bargaining unit “in each case”. Additionally, the Chamber argued the decision is also contrary to section 9(c)(5) of the NLRA and constitutes an abuse of discretion by the Board. The Chamber warned that applying Specialty Healthcare in this case will have a particularly unwarranted, adverse impact on the retail industry and its employees.