Raymundo's Food Group, LLC

National Labor Relations Board - Unpublished Board Decisions

May 5, 2020

13-RC-244834 (N.L.R.B. May. 5, 2020)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
RAYMUNDO’S FOOD GROUP, LLC
Employer
and Case 13-RC-244834
UNITED FOOD AND COMMERCIAL
WORKERS LOCAL 881
Petitioner
ORDER
The Employer’s Requests for Review of the Regional Director’s Decision and Direction
of Second Election and the Regional Director’s Decision and Certification of Representative are
denied as they raise no substantial issues warranting review.1
JOHN F. RING, CHAIRMAN
MARVIN E. KAPLAN, MEMBER
WILLIAM J. EMANUEL, MEMBER
Dated, Washington D.C., May 5, 2020.
1 In denying review, we note that the factors enumerated in Taylor Wharton Division, 336 NLRB 157 (2001), are
used to determine whether misconduct warrants the setting aside of an election; these factors do not determine
whether misconduct has occurred in the first instance. Although the Hearing Officer and Regional Director
mischaracterized Taylor Wharton in this regard, we need not pass on whether Victoria’s threat was misconduct in
the first instance because even assuming that it was, the Hearing Officer and Regional Director’s application of the
Taylor Wharton factors correctly determined that the threat did not warrant setting the election aside.
Contrary to his colleagues, Member Emanuel finds, in agreement with the Hearing Officer, that the
statements by the Employer’s labor consultant that the “federal government” would “knock on our doors” was
ambiguous. It is unclear what Flores meant by “federal government,” and he never referred to immigration
authorities, deportation, or employees’ legal status. In light of the vagueness of the statements, Member Emanuel
finds that employees would not reasonably understand them as an immigration-related threat. Accordingly, he
would grant the Employer’s first request for review and overrule the Petitioner’s objection.