2 Sisters Food Group, Inc.

National Labor Relations Board - Unpublished Board Decisions

Feb 4, 2010

21-RC-021137 (N.L.R.B. Feb. 4, 2010)

NOT TO BE INCLUDED LS
IN BOUND VOLUMES Riverside, CA
UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
2 SISTERS FOOD GROUP, INC.
Employer
and Cases 2 1 -RC-2113 7
21-CA-38915
21-CA-38932
UNITED FOOD AND COMMERCIAL
WORKERS INTERNATIONAL UNION,
LOCAL 1167
Petitioner
DECISION AND ORDER
The National Labor Relations Board' has considered several objections to an
election held on July 17, 2009, and the Regional Director's report recommending
disposition of them. The election was conducted pursuant to a Stipulated Election
Agreement. The tally of ballots shows 66 for the Petitioner, 87 against, 2 void ballots,
and 24 challenged ballots, a sufficient number to affect the results of the election.
The Board has reviewed the Report on Challenged Ballots and Objections and
Order Consolidating Cases and Notice of Hearing, the Petitioner's exceptions and brief,
' Effective midnight December 28, 2007, Members Liebman, Schaumber, Kirsanow, and Walsh delegated
to Members Liebman, Schaumber, and Kirsanow, as a three-member group, all of the Board's powers in
anticipation of the expiration of the terms of Members Kirsanow and Walsh on December 3 1, 2007.
Pursuant to this delegation, Chairman Liebman and Member Schaumber constitute a quorum of the three-
member group. As a quorum, they have the authority to issue decisions and orders in unfair labor practice
and representation cases. See Sec. 3(b) of the Act. See Teamsters Local 523 v. NLRB, - F.3d _,2009
WL 4912300 (1 Oth Cir. Dec. 22, 2009); Narricot Industries, L.P. v. NLRB, 587 F.3d 654 (4th Cir. 2009);
Snell IslandSNF LLC v. NLRB, 568 F.3d 410 (2d Cir. 2009), petition for cert. filed 78 U.S.L.W. 3130 (U.S.
Sept. 11, 2009) (No. 09-328); New Process Steel v. NLRB, 564 F.3d 840 (7th Cir. 2009), cert. granted 130
S.Ct. 488 (2009); Northeastern LandServices v. NLRB, 560 F.3d 36 (1 st Cir. 2009), petition for cert. filed
78 U.S.L.W. 3098 (U.S. Aug. 18, 2009) (No. 09-213). But see Laurel Baye Healthcare of Lake Lanier,
Inc. v. NLRB, 564 F.3d 469 (D.C. Cir. 2009), petition for cert. filed 78 U.S.L.W. 3 185 (U.S. Sept. 29, 2009)
(No. 09-377).
and has adopted the Regional Director's findings and recommendations, 2 and remands
this proceeding to the Regional Director for further appropriate action consistent with this
decision.
ORDER
IT IS ORDERED that this proceeding is remanded to the Regional Director for
further appropriate action consistent with this decision.
Dated, Washington, D.C., February 4, 2010.
Wilma B. Liebman, Chairman
Peter C. Schaumber, Member
(SEAL) NATIONAL LABOR RELATIONS BOARD
2 No party excepted to the Regional Director's recommendation to order a hearing on the challenges and
certain objections, and to consolidate these issues with pending unfair labor practice cases.
2