SHAW'S/ STAR MARKET A DIVISION OF ALBERTSON'S D/B/A OSCO PHARMACY

National Labor Relations Board - Board Decisions

Feb 25, 2015

01-RC-144611 (N.L.R.B. Feb. 25, 2015)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
SHAW’S/STAR MARKET, A DIVISION OF
ALBERTSON’S D/B/A OSCO PHARMACY
Employer
and Case 01-RC-144611
INTERNATIONAL BROTHERHOOD OF
TEAMSTERS, LOCAL UNION NO. 340
Petitioner
ORDER
The Employer’s Request for Special Permission to Appeal the Regional Director’s Order
Reopening Representation Hearing is granted, and the appeal is denied on the merits.1
KENT Y. HIROZAWA, MEMBER
HARRY I. JOHNSON, III, MEMBER
LAUREN McFERRAN, MEMBER
Dated, Washington D.C., February 25, 2015

1The Regional Director did not abuse his discretion here. The Regional Director is responsible
for ensuring that the record is full and complete. Inherent in that responsibility is the authority to
supplement an incomplete record by reopening a representation hearing. See Board’s Rules and
Regulations, Sec. 102.67(a) (“The Regional Director may proceed, either forthwith upon the
record or after oral argument, the submission of briefs, or further hearing, as he may deem
proper, to determine the unit appropriate for the purpose of collective bargaining, to determine
whether a question concerning representation exists, and to direct an election, dismiss the
petition, or make other disposition of the matter.”) (emphasis added). Moreover, regional
directors have exercised this authority in the past. See, e.g., Musical Theater Association, 221
NLRB 872, 872 fn.1 (1975).