Macy’s, Inc. v. Nat’l Labor Relations Bd., No. 15-60022, 2016 WL 3124847 (5th Cir. June 2, 2016).

Judges: Dennis, Benavides, Costa.

While Macy’s argued that the NLRB disregarded the law when it only certified a portion of one store’s employees, stating that the entire store would be the correct class, the Court nonetheless held that “the Board may certify a unit’ that is appropriate—not necessarily the single most appropriate unit. Although the unit composition argued for by Macy’s may have also been an appropriate bargaining unit we cannot say that the one approved by the NLRB was clearly not appropriate based on the employees community of interests. Macy’s, Inc. v. Nat’l Labor Relations Bd. at *6 (internal quotations omitted).