MacY's, Inc. v. National Labor Relations Board

E. GRADY JOLLY, Circuit Judge, joined by JONES, SMITH, CLEMENT, OWEN, and ELROD, Circuit Judges,

dissenting from the denial of rehearing en banc:

This appeal presents another example of the current National Labor Relations Board’s (“NLRB”) determination to disregard established principles of: labor law. The NLRB certified a small bargaining unit consisting of only the cosmetics and fragrances employees at a Macy’s department store in Saugus, Massachusetts. On appeal, the panel denied Macy’s’ petition for review and granted the NLRB’s application for enforcement of its unfair labor practices…