Fred Meyer, Inc.

National Labor Relations Board - Unpublished Board Decisions

Feb 25, 2011

19-CA-032311 (N.L.R.B. Feb. 25, 2011)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
FRED MEYER STORES, INC.
and Case 19-CA-32311
UNITED FOOD AND COMMERCIAL
WORKERS LOCAL 367, affiliated with
UNITED FOOD AND COMMERCIAL
WORKERS INTERNATIONAL UNION
ORDER1
The Respondent’s Motion for Reconsideration of the Board’s Decision and Order
reported at 355 NLRB No. 130 (2010) is denied. The Respondent has not identified any
material error or demonstrated extraordinary circumstances warranting reconsideration
under Section 102.48(d)(1) of the Board’s Rules and Regulations.2
Dated, Washington, D.C., February 25, 2011.
WILMA B. LIEBMAN, CHAIRMAN
CRAIG BECKER, MEMBER
BRIAN E. HAYES, MEMBER

1 The National Labor Relations Board has delegated its authority in this proceeding to a
three-member panel.
2 The Respondent’s claim that it bargained with the Union in good faith with regard to the
time, date, and place of negotiations was considered and rejected by the Board in the
proceedings below. 355 NLRB No. 130 (2010) incorporating by reference 355 NLRB
No. 30, slip op. at 1, n. 1 (2010). The Respondent’s claim that its refusal to bargain was
not legally significant does not create a disputed issue of fact precluding summary
judgment. See Sec. 102.48(d)(1) of the Board’s Rules and Regulations. To the extent
that the Respondent makes a new claim that it has evidence that it did, in fact, bargain
with the Union, the Respondent fails to substantiate its claim.. The Respondent does
not describe the nature of the evidence it wishes to present, show how this alleged
evidence is relevant to the instant matter, or suggest that it is currently bargaining with
the Union. See Sec. 102.48(d)(1) of the Board’s Rules and Regulations. Accordingly,
reconsideration is not warranted.