XPO Logistics Freight, Inc.

National Labor Relations Board - Unpublished Board Decisions

Jun 17, 2021

14-RC-261601 (N.L.R.B. Jun. 17, 2021)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
XPO LOGISTICS FREIGHT, INC.
Employer
and Case 14-RC-261601
INTERNATIONAL BROTHERHOOD
OF TEAMSTERS, LOCAL 41
Petitioner
ORDER
On June 12, 2020, the Petitioner filed a petition seeking to represent a unit of the
Employer’s driver sales representatives. Pursuant to a Stipulated Election Agreement, a mail-
ballot election was conducted from July 13, 2020, to August 10, 2020. The Tally of Ballots,
prepared on August 17, 2020, shows 63 for and 67 against the Petitioner, with 7 challenged
ballots, a sufficient number to affect the results. The Petitioner thereafter filed timely objections.
On December 11, 2020, the Acting Regional Director issued a Decision on Objections
and Challenged Ballots. The Acting Regional Director overruled Objections 1-12, 14-20, and 22-
30 because the Petitioner’s offer of proof and the Region’s administrative investigation did not
reveal evidence that could be grounds for setting aside the election. The Acting Regional
Director also overruled Objections 13 and 21, notwithstanding evidence that the Employer had
engaged in coercive conduct involving two employees and that some members of the Petitioner’s
organizing committee were aware of this conduct, based on his conclusion that a determinative
number of voters were not affected by the conduct at issue. Thus, the Acting Regional Director
overruled the Petitioner’s objections in their entirety without scheduling a hearing. In addition,
the Acting Regional Director overruled the challenges to the seven determinative ballots.
On January 13, 2021, the Petitioner filed a Request for Review of the Acting Regional
Director’s Decision on Objections to Employer Conduct Affecting Results of Election. The
Employer thereafter filed an opposition.
The Petitioner contends in its Request for Review that the Acting Regional Director erred
in overruling its objections without scheduling a hearing, but it does not argue that the Acting
Regional Director erred in overruling challenges to the seven determinative ballots. Because
those seven ballots have not yet been counted, we do not reach the Petitioner’s contentions with
respect to Objections 13 and 21 at this time. Rather, we remand this case to the Region to count
the remaining ballots and, if necessary, to conduct further analysis under Taylor Wharton
Division, 336 NLRB 157 (2001). The Request for Review is denied in all other respects.1
LAUREN McFERRAN, CHAIRMAN
WILLIAM J. EMANUEL, MEMBER
JOHN F. RING MEMBER
Dated, Washington, D.C., June 17, 2021.
1 In denying review, we note that the Petitioner’s Request for Review, which has been
prepared by its counsel, disputes the Acting Regional Director’s decision to overrule Objections
1-12, 14-20, and 22-30 without a hearing but fails to provide any meaningful supporting
explanation for its position. Indeed, the Request for Review at no point identifies evidence that
raises substantial and material factual issues to resolve at a hearing. Nor does it explain why the
Acting Regional Director’s assessment of evidence identified through the Region’s
administrative investigation was erroneous. As such, the Request for Review fails to comply
with the requirement that such a request be a self-contained document enabling the Board to rule
on the issues on the basis of its contents. See Sec. 102.67(e) of the Board’s Rules and
Regulations. We do not, however, rely on the Acting Regional Director’s citation to Station
Casinos, LLC, 358 NLRB 1556 (2012), a recess-Board decision. See NLRB v. Noel Canning, 573
U.S. 513 (2014).