Stericycle of Puerto Rico, Inc.

National Labor Relations Board - Unpublished Board Decisions

Oct 31, 2019

12-RC-238280 (N.L.R.B. Oct. 31, 2019)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
STERICYCLE OF PUERTO RICO, INC.
Employer
and Case 12-RC-238280
CENTRAL GENERAL DE TRABAJADORES,
CGT
Petitioner
ORDER
The Employer’s Request for Review of the Regional Director’s Decision on Objection to
the Election and Certification of Representative and Request to Vacate the Certification of
Representative is denied because it raises no substantial issues warranting review.1
JOHN F. RING, CHAIRMAN
MARVIN E. KAPLAN, MEMBER
WILLIAM J. EMANUEL, MEMBER
Dated, Washington, D.C., October 31, 2019.

1 In denying review, we note that that Employer entered into a stipulated election agreement naming it as the
employer of the employees in question. The Employer accordingly has admitted that it is at least an employer of the
petitioned-for employees. Consistent with this admission, the Employer states, in its Request for Review, that
another entity “provides the workers in question to Stericycle.” Provided that the requisite employer-employee
relationship exists, the Board has long held that if a petitioner seeks the employees of an employer, it will not
require the naming of all potential joint employers and the litigation of their potential relationship with the named
employer. Chelmsford Food Discounters, 143 NLRB 780, 781 (1963). We do not rely upon the Regional
Director’s citation to Miller & Anderson, 364 NLRB No. 39 (2016), because the Employer does not assert that the
instant case involves a petitioned-for unit that includes both employees who are solely employed by a user employer
and employees who are jointly employed by the user employer and a supplier employer.
We do not pass on whether Miller & Anderson was correctly decided and would be open to reconsidering it
in a future appropriate case.