DS Services of America, Inc.

National Labor Relations Board - Unpublished Board Decisions

Jul 26, 2019

19-RC-243327 (N.L.R.B. Jul. 26, 2019)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
DS Services of America, Inc.
Employer
and Case 19-RC-243327

Teamsters Union Local No. 206
Petitioner
ORDER
The Employer’s request to stay all proceedings and its Request for Review of the
Regional Director’s denial of its motion to stay all proceedings are denied. This order
does not preclude the Employer from raising issues related to the impact, if any, of OR.
REV. STAT. § 659.785, in any post-election proceedings.1
JOHN F. RING, CHAIRMAN
LAUREN McFERRAN, MEMBER
MARVIN E. KAPLAN, MEMBER
Dated, Washington, D.C., July 26, 2019.

1 Chairman Ring and Member Kaplan express no view with respect to whether they
agree or disagree with the revisions made by the Board’s Election Rule, but they agree
that it applies here and warrants denial of the Employer’s request to stay the election.
Chairman Ring and Member Kaplan acknowledge that Independence
Residences, 355 NLRB 724 (2010), is extant precedent, and that it supports denying
the stay. They would be willing to reexamine that precedent in an appropriate post-
election proceeding.