WISMETTAC ASIAN FOODS, INC.

National Labor Relations Board - Board Decisions

Feb 6, 2018

21-RC-204759 (N.L.R.B. Feb. 6, 2018)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
WISMETTAC ASIAN FOODS, INC.
Employer
and Case 21-RC-204759
FOOD, INDUSTRIAL & BEVERAGE
WAREHOUSE, DRIVERS AND CLERICAL
EMPLOYEES UNION LOCAL 630,
INTERNATIONAL BROTHERHOOD OF
TEAMSTERS
Petitioner
ORDER
The Employer's request for review of the Regional Director’s decision to schedule
the election for February 6, 2018 is denied as it raises no substantial issues warranting
review.1 We also find that the Employer has not made a “clear showing” that
extraordinary relief is “necessary under the particular circumstances of the case,” as
required by Section 102.67(j)(2) of the Board’s Rules and Regulations.2
MARVIN E. KAPLAN, CHAIRMAN
MARK GASTON PEARCE, MEMBER
LAUREN MCFERRAN, MEMBER
Dated, Washington, D.C., February 6, 2018.

1 For institutional reasons, Chairman Kaplan agrees with his colleagues to apply extant
law and deny the Employer's request for review. He writes separately, however,
because, in his view, this case highlights significant issues with the Board's election rule
and the law pertaining to blocking charges that potentially frustrate the rights of
employees.
2 The Employer’s request for reviews seeks review of the Regional Director’s
scheduling of the election for February 6 and his subsequent denial of the Employer’s
motion to reschedule, and requests that the Board either stay the election, reschedule
the election, or, alternatively, impound the ballots. Thus, the Employer is also seeking
extraordinary relief pursuant to Sec. 102.67(j) of the Board’s Rules and Regulations.