Sysco Detroit LLC

National Labor Relations Board - Board Decisions

Nov 29, 2016

07-CA-163131 (N.L.R.B. Nov. 29, 2016)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
SYSCO DETROIT LLC
Cases 07–CA–163131
Respondent 07–CA–163930
07–CA–172824
LOCAL 337, INTERNATIONAL
BROTHERHOOD OF TEAMSTERS (IBT)
Charging Party
ORDER DENYING MOTION
The Respondent’s Motion to Dismiss is denied.1 The Respondent has failed to
establish that the complaint allegations should be deferred to the parties’ grievance and
arbitration procedure pursuant to Collyer Insulated Wire, 192 NLRB 837 (1971). This
denial is without prejudice to the Respondent renewing its deferral argument before the
administrative law judge.
Dated, Washington, D.C., November 29, 2016.
MARK GASTON PEARCE, CHAIRMAN

PHILIP A. MISCIMARRA, MEMBER
LAUREN McFERRAN, MEMBER

1 On May 18, 2016, the National Labor Relations Board issued a Notice to Show
Cause why the Respondent's February 11, 2016, motion should not be granted. The
General Counsel and the Respondent filed briefs in response, and the Respondent filed
a reply brief.