Perdue Foods, LLC d/b/a Draper Valley Farms

National Labor Relations Board - Unpublished Board Decisions

Nov 18, 2020

19-RC-263822 (N.L.R.B. Nov. 18, 2020)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
PERDUE FOODS LLC d/b/a DRAPER VALLEY FARMS
Employer
and Case 19-RC-263822
TEAMSTERS LOCAL UNION NO. 252 AFFILIATED WITH THE
INTERNATIONAL BROTHERHOOD OF TEAMSTERS
Petitioner
ORDER
On September 9, 2020, the Board granted the Employer’s Request for Immediate Stay of
Mail Ballot Election and granted the Employer’s Request for Review of the Regional Director’s
Decision and Direction of Election.1 See 370 NLRB No. 20 (2020).
On November 9, 2020, the Board issued its decision in Aspirus Keweenaw, 370 NLRB
No. 45 (2020), which set forth the guidelines and parameters applicable to determining the
propriety of a mail-ballot election under the current circumstances of the Covid-19 pandemic.
Accordingly, the Board remands this proceeding to the Regional Director in order to
reconsider his mail-ballot determination based on the guidelines set forth in Aspirus Keweenaw
and in light of any changed circumstances.2
JOHN F. RING, CHAIRMAN
MARVIN E. KAPLAN, MEMBER
WILLIAM J. EMANUEL, MEMBER
LAUREN McFERRAN, MEMBER
Dated, Washington, D.C., November 18, 2020.
1 The only issue on which review was sought and granted was whether the Regional
Director’s direction of a mail-ballot election constituted an abuse of discretion.
2 The Board’s September 9, 2020 stay is lifted as of today’s order.
Member McFerran dissented from the Board’s grant of a stay and review because the
Employer did not establish that the Regional Director abused his discretion in directing a mail-
ballot election. Nevertheless, and although she adheres to the views expressed in her separate
opinion in Aspirus Keweenaw, she agrees this case should be remanded to the Regional Director
to once again exercise his discretion to determine the appropriate manner of conducting the
election.