The Neiman Marcus Group, Inc. d/b/a Bergdorf Goodman

Case Updates

The Board dismissed the petition and remanded the case to the Regional Director for further action. The Board determined that the petitioned-for unit is not appropriate, inasmuch as the petitioned-for employees lack a community of interest. It is therefore unnecessary to examine whether any of the other employees whom the Employer proposes including in the unit share an overwhelming community of interest with petitioned-for employees.

The National Labor Relations Board granted review of the regional director's decision in Neiman Marcus Group, Inc. d/b/a Bergdorf Goodman. The regional director relied on the micro union standard established in Specialty Healthcare in finding an appropriate unit that was composed of only sales associates in the women's shoe department. In its amicus brief, NCLC argues that allowing such a small union is troubling and expansive. Such a move could force employers to negotiate separately with a multiplicity of bargaining units and could cause a complete store shutdown if even one bargaining unit goes on strike. Moreover, this case could have an impact not only on retail but also on all industries that have been subject to a more generous traditional standard on identifying appropriate bargaining units.