Full Opinion

Case: 24-60367 Document: 102-1 Page: 1 Date Filed: 10/30/2026 United States Court of Appeals for the Fifth Circuit United States Court of Appeals _____________ Fifth Circuit FILED No. 24-60367 October 30, 2026 _____________ Thomas B. Plunkett, III Clerk Trader Joe’s Company, Petitioner/Cross-Respondent, versus National Labor Relations Board, Respondent/Cross-Petitioner. ________________________________ Petition for Review from an Order of the National Labor Relations Board Agency Nos. 16-CA-291179, 16-CA-293143 ________________________________ ON PETITION FOR REHEARING EN BANC (Opinion February 18, 2026, 5 Cir., 2026, 167 F.4th 766) Before Elrod, Chief Judge, and Jones, Smith, Stewart, Richman, Southwick, Haynes, Graves, Higginson, Willett, Ho, Duncan, Engelhardt, Oldham, Wilson, Douglas, and Ramirez, Circuit Judges. Per Curiam: A member of the court having requested a poll on the petition for rehearing en banc, and a majority of the circuit judges in regular active service and not disqualified having voted in favor, Case: 24-60367 Document: 102-1 Page: 2 Date Filed: 10/30/2026 No. 24-60367 IT IS ORDERED that this cause shall be reheard by the court en banc with oral argument on a date hereafter to be fixed. The Clerk will specify a briefing schedule for the filing of supplemental briefs. Pursuant to 5th Circuit Rule 41.3, the panel opinion in this case dated February 18, 2026, is VACATED. 2