Bunge Milling, LLC

National Labor Relations Board - Unpublished Board Decisions

Nov 25, 2020

25-RC-262150 (N.L.R.B. Nov. 25, 2020)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
BUNGE MILLING, LLC
Employer
and Case 25-RC-262150

BCTGM, LOCAL 280, A/W BAKERY,
CONFECTIONARY, TOBACCO WORKERS AND
GRAIN MILLERS INTERNATIONAL UNION,
AFL-CIO, CLC
Petitioner
ORDER
The Employer’s Request for Review of the Regional Director’s Decision and Direction of
Election is denied as it raises no substantial issues warranting review.
On November 9, 2020, the Board issued its decision in Aspirus Keweenaw, 370 NLRB
No. 45 (2020), which sets forth the guidelines and parameters applicable to determining the
propriety of a mail-ballot election under the current circumstances of the Covid-19 pandemic.

In denying review, we note that the direction of a mail-ballot election was consistent with
the concerns articulated in Aspirus Keweenaw. Moreover, the election has been held and setting
it aside would result in waste of resources and delay and would be a disservice to the employees
who cast their ballots in good faith. Denying review is also warranted because the current trend
in new cases in Greene County, Indiana, where the Employer’s facility is located, would support
a mail-ballot election under Aspirus Keweenaw if this election were set aside and a new
determination were to be made now.1 Under all of the foregoing circumstances, we find no
reason to overturn the Regional Director’s determination.
JOHN F. RING, CHAIRMAN
MARVIN E. KAPLAN, MEMBER
1 As of November 17, 2020, the 14-day trend in the number of new cases in Greene County,
Indiana, is increasing. https://www.co.greene.in.us/department/division.php?structureid=85.
Member McFerran agrees to deny review of the Regional Director’s Decision and
Direction of Election for the reasons given in her separate opinion in Aspirus. She further
agrees, however, that setting aside the election at this point would be inefficient and unfair to the
unit employees, and that, even under the majority opinion in Aspirus, the Regional Director’s
decision should be affirmed based on the recent 14-day trend noted above.
2
LAUREN McFERRAN, MEMBER
Dated, Washington, D.C., November 25, 2020.