Circle K Stores, Inc.

National Labor Relations Board - Unpublished Board Decisions

Mar 5, 2020

27-RC-242382 (N.L.R.B. Mar. 5, 2020)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
CIRCLE K STORES, INC.
Employer
and Case 27-RC-242382
UNITED FOOD & COMMERCIAL WORKERS
UNION, LOCAL 7, AFL-CIO
Petitioner
ORDER
The Employer’s Request for Review of the Acting Regional Director’s Decision and
Order Directing Count of Challenged Ballots and Issuance of Revised Tally of Ballots is denied
as it raises no substantial issues warranting review.1 The Employer’s request for extraordinary
relief is denied as moot.
JOHN F. RING, CHAIRMAN
MARVIN E. KAPLAN, MEMBER
WILLIAM J. EMANUEL, MEMBER
Dated, Washington, D.C., March 5, 2020.

1 In denying review, we emphasize that the raffle at issue in this case granted a $450 prize that
was expressly tied to employees’ participation in a “union quiz” that was promulgated by the
Employer as part of its pre-election campaign and conducted during the week immediately prior
to the election. All employees had the opportunity to compete for this prize, and there is no
evidence that the Employer has ever conducted such “union quizzes” in the past. While the
Employer has conducted other types of contests, such as sales contests, at its stores, this fact does
not establish that union-related quizzes were either part of an established company policy or
pattern, nor does it provide an explanation, other than the timing of the election, for the timing of
the grant of this benefit, which, unlike the sales contests, was expressly related to the election.
See BFI Waste Systems, 334 NLRB 934, 936 and fn. 8 (2001).