151848P.pdf   03/07/2016  FedEx Freight  v.  NLRB
   U.S. Court of Appeals Case No:  15-1848
                          and No:  15-1999
                          and No:  15-2494
                          and No:  15-2732
   National Labor Relations Board   
   [PUBLISHED] [Murphy, Author, with Smith and Benton, Circuit Judges] 
   Petition for Review - National Labor Relations Board. The NLRB did not err 
   in applying the two step analysis from Specialty Healthcare and 
   Rehabilitation Center of Mobile, 357 NLRB No. 83 (2011) in determining 
   that the union's proposed bargaining unit of city and road drivers who 
   work at FedEx's terminals was composed of a readily identifiable group of 
   employees sharing a community of interest and that FedEx did not meet its 
   burden to show that the dockworkers it proposed should be added to the 
   unit shared an "overwhelming community of interest" with the drivers; the 
   Specialty Healthcare framework is a reasonable interpretation of how the 
   NLRB should apply section 9(b)of the National Labor Relations Act and 
   decide on an appropriate unit and was entitled to deference; the 
   "overwhelming community of interest" standard is not a material departure 
   from past precedent and was consistent with section 9(b) of the Act; nor 
   does the framework violate section 9(c)(5) of the Act or the 
   Administrative Procedure Act.