Cargill, Incorporated

National Labor Relations Board - Board Decisions

Jan 3, 2014

17-CA-088608 (N.L.R.B. Jan. 3, 2014)

1
UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
CARGILL, INCORPORATED
And Case 17-CA-088608
INTERNATIONAL CHEMICAL WORKERS
UNION COUNCIL/UFCW LOCAL 188C,
affiliated with UNITED FOOD AND
COMMERCIAL WORKERS UNION,
AFL-CIO
ORDER1
The Respondent’s Request for Special Permission to Appeal from Administrative
Law Judge Melissa M. Olivero’s December 20, 2013 rulings is denied. The Respondent
has failed to establish that the judge abused her discretion in ruling that the unfair labor
practice hearing scheduled for January 7, 2014 should proceed, and that evidence should
be presented with respect to both the Respondent’s argument that the complaint should be
dismissed under Spielberg Mfg. Co., 112 NLRB 1080, 1082 (1955), and Olin Corp., 268
NLRB 573, 574 (1984), and the merits of the underlying unfair labor practice allegations.
Dated, Washington, D.C., January 3, 2014.
KENT Y. HIROZAWA, MEMBER
HARRY I. JOHNSON, III, MEMBER
NANCY SCHIFFER, MEMBER

1 The National Labor Relations Board has delegated its authority in this proceeding to a
three-member panel.