Reported / Citable
Background
Trader Joe’s Company petitioned for review of an order of the National Labor Relations Board, and the Board cross-petitioned in the Fifth Circuit. The agency proceedings were docketed as Nos. 16-CA-291179 and 16-CA-293143.
A Fifth Circuit panel issued an opinion on February 18, 2026, reported at 167 F.4th 766. A member of the court later requested a poll on whether to rehear the case en banc, and a majority of the eligible active circuit judges voted in favor.
The Court’s Holding
The Fifth Circuit granted rehearing en banc. It ordered that the full court rehear the case with oral argument on a date to be set later and directed the clerk to establish a supplemental-briefing schedule.
Under Fifth Circuit Rule 41.3, the court vacated the February 18, 2026 panel opinion. The order did not resolve the merits of Trader Joe’s petition or the NLRB’s cross-petition.
Key Takeaways
- The Fifth Circuit will reconsider the dispute en banc.
- The prior panel opinion has been vacated and no longer represents the court’s operative decision.
- Oral argument and supplemental briefing will proceed under schedules to be set by the court and clerk.
Why It Matters
The order resets the appellate proceedings and removes the panel opinion as controlling Fifth Circuit authority while the en banc court considers the case. Any substantive rule arising from the dispute must await the en banc court’s later decision.