Sysco Columbia, LLC

National Labor Relations Board - Unpublished Board Decisions

Jan 16, 2020

10-CA-197586 (N.L.R.B. Jan. 16, 2020)

Columbia, SC
UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
SYSCO COLUMBIA, LLC
Cases 10-CA-197586
and 10-CA-197588
10-CA-203636
10-CA-210623
INTERNATIONAL BROTHERHOOD OF
TEAMSTERS LOCAL UNION 509
ORDER DENYING MOTION FOR RECONSIDERATION1
The Respondent’s motion for reconsideration of the Board’s Decision and Order
reported at 368 NLRB No. 129 (2019) is denied. The Respondent has not identified any
material error or demonstrated extraordinary circumstances warranting reconsideration
under Section 102.48(c)(1) of the Board’s Rules and Regulations.
Dated, Washington, D.C., January 17, 2020.
_______________________________
John F. Ring, Chairman
_______________________________
Marvin E. Kaplan, Member
(SEAL) NATIONAL LABOR RELATIONS BOARD

1 Member Emanuel is a member of the panel but did not participate in this
decision on the merits.
In New Process Steel, L.P. v. NLRB, 560 U.S. 674 (2010), the Supreme Court
left undisturbed the Board’s practice of deciding cases with a two-member quorum
when one of the panel members has recused himself. Under the Court’s reading of the
Act, “the group quorum provision [of Sec. 3(b)] still operates to allow any panel to issue
a decision by only two members if one member is disqualified.” Id. at 688; see also,
e.g., NLRB v. New Vista Nursing & Rehabilitation, 870 F.3d 113, 127–128 (3d Cir.
2017); D.R. Horton, Inc., 357 NLRB 2277, 2277 fn. 1 (2012), enfd. in relevant part 737
F.3d 344, 353 (5th Cir. 2013); Somerset Valley Rehabilitation & Nursing Center, 357
NLRB 1866, 1866 fn. 1 (2011), enfd. 725 Fed. Appx. 129, 136 fn. 7 (3d Cir. 2018).