US Foods, Inc.

National Labor Relations Board - Unpublished Board Decisions

May 23, 2012

15-RC-076271 (N.L.R.B. May. 23, 2012)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
US FOODS, INC.
Employer
and Case 15-RC-076271
TEAMSTERS LOCAL 612, AFFILIATED
WITH INTERNATIONAL BROTHERHOOD
OF TEAMSTERS
Petitioner
ORDER
The Employer’s Request for Review of the Regional Director’s Decision and
Direction of Election raises a substantial issue solely with respect to the exclusion of the
van drivers from the petitioned-for unit. We conclude, however, that this issue may best
be resolved through the use of the Board’s challenge procedure. Accordingly, the
Decision is amended to permit the van drivers to vote under challenge, and the Request
for Review is denied in this and all other respects.1
The Employer’s “Motion for Reconsideration” or “Emergency Appeal” is
granted. Accordingly, we direct the Regional Director to send a mail ballot to Ron Favor
consistent with the election arrangements pertaining to mail ballots as set forth in the
Regional Director’s May 11, 2012 letter. In so doing, we emphasize that the ballots are
to be counted on time and that the ballot cast by Mr. Favor is subject to the same
challenges as any other ballot.2
BRIAN E. HAYES, MEMBER
RICHARD F. GRIFFIN. JR., MEMBER
SHARON BLOCK, MEMBER
Dated, Washington, D.C., May 23, 2012.

1 Member Hayes finds that the interests of those employees in the petitioned-for unit are
sufficiently distinct from excluded employees whom the Employer seeks to include. In
finding the unit appropriate, he would not rely on the unit test of Specialty Healthcare &
Rehabilitation Center of Mobile, 357 NLRB No. 83 (2011), for the reasons set forth in his
dissent in that case.
2 Member Hayes agrees with his colleagues’ direction that the Regional Director should
send a mail ballot to Ron Favor. In addition, at some future point, he believes the Board
should reconsider its general policy of not providing mail ballots to employees who are
unable to participate in a manual ballot election because they are in the military service.