WinCo Foods, LLC and WinCo Holdings, Inc., a single employer

National Labor Relations Board - Unpublished Board Decisions

Jul 6, 2017

28-CA-181651 (N.L.R.B. Jul. 6, 2017)

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NOT INCLUDED IN MPMc
BOUND VOLUMES Gilbert, AZ
Boise, ID
UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
WINCO FOODS, LLC and
WINCO HOLDINGS, INC.
and Cases 28-CA-181651
28-CA-190617
NIGEL HOBBS
AMENDED ORDER APPROVING STIPULATION, GRANTING MOTION,
AND TRANSFERRING PROCEEDING TO THE BOARD
This matter comes before the National Labor Relations Board upon the joint
motion of Respondents WinCo Foods, LLC and WinCo Holdings, Inc., Charging Party
Nigel Hobbs, and the General Counsel to waive a hearing and decision by an
administrative law judge and to transfer the proceedings to the Board for a decision
based on the stipulated record.
On March 9, 2017, the General Counsel, through the Regional Director for
Region 28, issued an order consolidating cases, consolidated complaint and notice of
hearing alleging that, at all material times, the Respondents have maintained unlawful
rules in their Company Personnel Policies and Non-Discrimination and Anti-Harassment
Policy, and by the foregoing conduct, the Respondents have been interfering with,
restraining, and coercing employees in the exercise of the rights guaranteed in Section
7 of the Act in violation of Section 8(a)(1) of the Act.
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On April 24, 2017, the parties filed a joint motion and stipulation of facts with the
Board. Pursuant to Section 102.35(a)(9) of the Board’s Rules and Regulations, the
parties have waived a hearing before an administrative law judge and agreed to submit
the record in this case directly to the Board for findings of fact, conclusions of law, and a
Decision and Order. The parties have requested that the Board set a time for the filing
of briefs.
The Board having considered the matter,
IT IS ORDERED that the joint motion is granted and the case is transferred to
and continued before the Board in Washington, D.C., for the purpose of issuing findings
of fact, conclusions of law, and a Decision and Order.
IT IS FURTHER ORDERED that the stipulated record, which includes a
stipulation of facts, Joint Exhibits 1(a) through 1(q), a statement of the issue presented,
and statements of position by the Respondents and the General Counsel, is approved
and made part of the record.
The parties may file briefs with the Board in Washington, D.C., on or before July
27, 2017, and answering briefs 14 days thereafter in accordance with Section
102.35(a)(9) of the Board’s Rules and Regulations.
Dated, Washington, D.C., July 6, 2017.
By direction of the Board:
Gary Shinners
________________________
Executive Secretary