09 Jun 2016 Fifth Circuit Agrees NLRB Micro-Unit Test Here to Stay
National Labor Relations Board | Keith BrodieThe Fifth Circuit Court of Appeals is the latest federal court of appeals to approve of the National Labor Relations Board’s (NLRB) “micro-unit” test first enunciated in Specialty Healthcare and Rehabilitation Center of Mobile, 357 NLRB No. 83 (2011). See our recent post here. The Fifth Circuit case involves a Macy’s department store in Massachusetts. The case garnered national attention because many practitioners and prognosticators believed it had the best chance of overturning the NLRB’s Specialty Healthcare rule. The…