Sysco Grand Rapids, LLC

National Labor Relations Board - Unpublished Board Decisions

Apr 30, 2018

07-CA-197034 (N.L.R.B. Apr. 30, 2018)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
SYSCO GRAND RAPIDS, LLC
and Cases 07-CA-197034
07-CA-197035
07-CA-197039
GENERAL TEAMSTERS LOCAL
UNION NO. 406, INTERNATIONAL
BROTHERHOOD OF TEAMSTERS (IBT)
ORDER DENYING MOTION1
The Respondent’s motion to dismiss the consolidated complaint is denied. The
Respondent has failed to establish that there are no genuine issues of material fact
warranting a hearing and that it is entitled to judgment as a matter of law.2
Dated, Washington, D.C., April 30, 2018.
MARK GASTON PEARCE, MEMBER
LAUREN McFERRAN, MEMBER
MARVIN E. KAPLAN, MEMBER

1 The National Labor Relations Board has delegated its authority in this proceeding to a
three-member panel. Member Emanuel is recused and took no part in the
consideration of this case.
2 In light of the Erratum issued by the Administrative Law Judge in Case 07-CA-146820
et al., which corrected an inadvertent typographical error in the identity of the Charging
Party Union in those cases, there is no merit to the Respondent’s assertion, based on
that misidentification, that the Sec. 8(a)(5) allegations in the instant case must be
dismissed because the Respondent had not been found to have any obligation to
recognize or bargain with the Charging Party.