Mi Pueblo Foods

National Labor Relations Board - Unpublished Board Decisions

Nov 23, 2010

32-RC-005794 (N.L.R.B. Nov. 23, 2010)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
MI PUEBLO FOODS
Employer
and Case 32–RC–5794
INTERNATIONAL BROTHERHOOD OF
TEAMSTERS LOCAL 853, a/w
CHANGE TO WIN
Petitioner
ORDER
Employer’s Request for Review of the Regional Director’s Decision and
Direction of Election raises a substantial issue solely with respect to the Regional
Director’s finding that there was insufficient evidence to establish that Jose Carlos Juarez
performs any driving duties. The Board believes that this issue can best be resolved
through use of the challenge procedure. Accordingly, the Regional Director's Decision is
amended to permit Juarez to vote under challenge, and the Request for Review is denied
in all other respects.1
WILMA B. LIEBMAN, CHAIRMAN
CRAIG BECKER, MEMBER
BRIAN E. HAYES, MEMBER
Dated, Washington, D.C., November 23, 2010.

1 The Board also notes that even assuming, as the Employer alleges in its Request for
Review, that the Regional Director erred in finding there was no shared supervision
among the drivers, warehouse associates, and plant clericals, the weight of the
community of interest factors still supports the Regional Director’s conclusion that the
drivers constitute an appropriate unit.