New Best Fruit Market Inc.

National Labor Relations Board - Unpublished Board Decisions

Jun 11, 2013

29-RC-098158 (N.L.R.B. Jun. 11, 2013)

Brooklyn, NY
UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
NEW BEST FRUIT MARKET, INC.
Employer
and
LOCAL 338, RETAIL WHOLESALE &
DEPARTMENT STORE UNION, UNITED
FOOD AND COMMERCIAL WORKERS
Petitioner
Case 29-RC-098158
DECISION AND ORDER
The National Labor Relations Board has considered objections to an election held
March 26, 2013, and the Regional Director's report recommending disposition of them.
The election was conducted pursuant to a Stipulated Election Agreement. The tally of
ballots shows 5 ballots cast for and 5 ballots cast against the Petitioner, with 3 challenged
ballots, a sufficient number to affect the results.
No exceptions have been filed to the Regional Director's report within the time
provided.1 Accordingly, the Board adopts the Regional Director's findings and
recommendations.2

1
On May 29, 2013, the Petitioner filed an Exception to the Regional Director’s Report on
Objections and Notice of Hearing. On June 5, 2013, the Petitioner requested that its Exception be
withdrawn. That request is granted.
2
The Regional Director recommended that a hearing be held on issues raised by Objection No. 4,
and on the eligibility of Hugo Hidalgo and Yu Guang Jiang. The Regional Director approved the
request to withdraw Objections Nos. 1 and 2 and its challenge to the eligibility of Mu Yung Yi.
2
ORDER
IT IS ORDERED that this proceeding is remanded to the Regional Director for
Region 29 for further appropriate action consistent with his report.
Dated, Washington, D.C., June 11, 2013.
By direction of the Board:
/s/Farah Z. Qureshi
______________________________
Associate Executive Secretary