The Fifth Circuit has agreed to rehear Trader Joe’s challenge to a National Labor Relations Board order before the full court.
The October 30 order grants rehearing en banc and vacates the panel opinion issued in February. That procedural step removes the earlier decision’s precedential force while the judges reconsider the dispute. It does not decide whether Trader Joe’s or the Board will ultimately prevail.
The case arises from Trader Joe’s petition for review of an NLRB order, with the agency seeking enforcement. By taking the matter en banc, the court will address the issues anew on the briefing and schedule set for the full court. The order is particularly consequential because the vacated panel ruling had addressed the relationship between employer obligations, the Board’s remedial authority and challenges to the agency’s structure.
Docket 24-60367 appears in the Fifth Circuit’s official opinions register as a published order filed October 30. Further merits proceedings remain pending.
