Board Dings Macy’s For Refusal To Bargain

This past Wednesday, the National Labor Relations Board ruled that Macy’s Inc. is obligated to bargain with Local 1445 of the United Food and Commercial Workers (UFCW), which now represents a unit of cosmetics workers at Macy’s store in Saugus, MA. The reader may recall that @LRToday covered the initial Macy’s decision at length back in July 2014 because the decision effectively eliminated the presumption of a “wall to wall” unit in the retail industry.

In the current case before the Board, Macy’s readily admitted its refusal to bargain with the UFCW because Macy’s believes that the certified unit of cosmetics and fragrance workers is a fractured unit of employees.

Law360 ($$) noted that Macy’s will appeal the Board’s ruling to the Fifth Circuit. In a short statement, Macy’s also disagreed with the Board’s analysis:

“We believe it is simply not appropriate to gerrymander a portion of a storewide sales team working together with customers — under one roof in a single building. Doing so is impractical and an impediment to providing a consistent level of customer service,” the company said.

We have been watching this case, as well as other cases decided under the controversial Specialty Healthcare rationale, for some time. Stay tuned to @LRToday for updates.