Preferred Meal Systems, Inc.

National Labor Relations Board - Unpublished Board Decisions

Dec 13, 2010

13-RD-002652 (N.L.R.B. Dec. 13, 2010)

NOT TO BE INCLUDED LBP
IN BOUND VOLUMES Berkeley, IL
UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
PREFERRED MEAL SYSTEMS, INC.
Employer
and Case 13–RD–2652
NORMAN STUBBS
Petitioner
and
INTERNATIONAL BROTHERHOOD OF
TEAMSTERS, LOCAL 763
Union
DECISION AND ORDER DIRECTING HEARING
The National Labor Relations Board, by a three-member panel, has considered
objections to an election held August 20, 2010, 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 12 for and 13 against the Petitioner, with
one nondeterminative challenged ballot.
The Board has reviewed the record in light of the exceptions and briefs and finds
that the Union’s Objections 1 and 2 raise substantial and material factual issues
warranting a hearing.1

1 In directing a hearing, the Board notes that the parties dispute whether the Employer
circulated a letter among employees stating that it would honor the terms of the recently
ratified contract whether or not the employees decertified the Union. The hearing officer
should determine whether such a letter was circulated and its content, and the content of
the new contract and the one it superseded, so that the Board can determine whether the
new contract provided increased or additional benefits and when those benefits would be
effective.
2
ORDER DIRECTING HEARING
IT IS ORDERED that a hearing be held before a duly designated hearing officer
for the purpose of receiving evidence to resolve the issues raised by the Union’s
Objections 1 and 2.
IT IS FURTHER ORDERED that the hearing officer designated for the purpose
of conducting the hearing shall prepare and cause to be served on the parties a report
containing resolutions of credibility of witnesses, findings of fact, and recommendations
to the Board as to the disposition of said issues. Within the time prescribed by the
Board’s Rules and Regulations, Series 8, as amended, any party may file with the Board
in Washington, D.C., eight copies of exceptions thereto. Immediately on the filing of
such exceptions, the party filing the same shall serve a copy on the other party and shall
file a copy with the Regional Director. If no exceptions are filed, the Board will adopt
the recommendation of the hearing officer.
IT IS FURTHER ORDERED that the above-entitled matter is remanded to the
Regional Director for Region 13 for the purpose of arranging such hearing.
Dated, Washington, D.C., December 13, 2010
______________________________
Wilma B. Liebman, Chairman
______________________________
Craig Becker, Member
______________________________
Mark Gaston Pearce, Member
(SEAL) NATIONAL LABOR RELATIONS BOARD