King Soopers, Inc.

National Labor Relations Board - Board Decisions

Aug 21, 2018

27-RC-215705 (N.L.R.B. Aug. 21, 2018)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
KING SOOPERS, INC.
Employer
and Case 27-RC-215705
UNITED FOOD AND COMMERCIAL WORKERS,
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
JOHN F. RING, CHAIRMAN
LAUREN McFERRAN, MEMBER
MARVIN E. KAPLAN, MEMBER
Dated, Washington, D.C., August 21, 2018.

1 At the hearing, the parties stipulated that the petitioned-for deli employees are a “readily
identifiable group.” In denying review, we need not pass on the Regional Director’s finding that
this constituted a stipulation that the deli employees are an “identifiable, distinct segment” within
the meaning of Warner-Lambert Co., 298 NLRB 993, 995 (1990), because we find that the deli
employees are an “identifiable, distinct segment.” In this regard, the deli employees are
organized in a separate department, occupy separate classifications, perform distinct duties, have
specialized training regarding those duties, work together in a distinct location, and there is no
contention that there are additional employees in this department who are not included in the
petitioned-for voting group.
We also deny the Employer’s request for oral argument.