FedEx Freight, Inc.Download PDFNational Labor Relations Board - Unpublished Board DecisionsOct 14, 201404-RC-134614 (N.L.R.B. Oct. 14, 2014) Copy Citation UNITED STATES OF AMERICA BEFORE THE NATIONAL LABOR RELATIONS BOARD FEDEX FREIGHT, INC. Employer and Case 04-RC-134614 INTERNATIONAL BROTHERHOOD OF TEAMSTERS LOCAL 107 Petitioner ORDER1 The Employer’s Request for Review of the Regional Director’s Decision and Direction of Election is denied as it raises no substantial issues warranting review. MARK GASTON PEARCE, CHAIRMAN HARRY I. JOHNSON, III, MEMBER NANCY SCHIFFER, MEMBER Dated, Washington, D.C., October 14, 2014 1 Member Johnson finds the petitioned-for unit appropriate under the Board’s traditional community of interest analysis in similar driver cases. See, e.g., Home Depot USA, Inc., 331 NLRB 1289, 1291 (2000) (3-0 decision of Chairman Truesdale and Members Fox and Brame, finding appropriate separate unit of drivers). The Employer contends that, because the drivers perform a substantial amount of dockwork and hostling work, the appropriate unit must include dockworkers. This argument is not compelling. Although city drivers and road drivers spend 8% and 18%, respectively, of their time in non-driving work, this figure is still significantly below the 30-40% figure in Home Depot. Id. at 1290. Accordingly, Member Johnson finds no need to express a view whether the Board correctly decided Specialty Healthcare Healthcare and Rehabilitation Center of Mobile, 357 NLRB No. 83 (2011), enfd. sub nom. Kindred Nursing Centers East, LLC v. NLRB, 727 F.3d 552 (6th Cir. 2013), and whether the Regional Director correctly applied it here. Copy with citationCopy as parenthetical citation