King Soopers

National Labor Relations Board - Board Decisions

Sep 13, 2013

27-RC-104452 (N.L.R.B. Sep. 13, 2013)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
KING SOOPERS
Employer
and Case 27-RC-104452
UNITED FOOD & COMMERCIAL
WORKERS UNION, LOCAL NO. 7
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.1 The Employer’s request
for a stay of election is denied as moot. The Employer’s request for oral argument is also denied.
MARK GASTON PEARCE, CHAIRMAN
PHILIP A. MISCIMARRA, MEMBER
KENT Y. HIROZAWA, MEMBER
Dated, Washington, D.C., September 13, 2013.

1 In denying review, we agree with the Regional Director that the Employer has failed to rebut
the presumption that the petitioned-for single-facility unit of retail and coffee shop employees at
the Lafayette, Colorado store is appropriate. We do not reach the question of whether the
Board’s test in Specialty Healthcare & Rehabilitation Center of Mobile, 357 NLRB No. 83
(2011), enfd. sub nom. Kindred Nursing Centers East, LLC v. NLRB, -- F.3d – (6th Cir. Aug. 15,
2013), applies under the circumstances of this case.
Member Miscimarra joins in denying review of the Regional Director’s finding that the
Employer has not rebutted the single-facility presumption, without reaching any question
regarding Specialty Healthcare, supra, but he would grant review of the Regional Director’s
inclusion of the coffee shop employees in the unit.