CHEM RX PHARMACY SERVICES, LLC

National Labor Relations Board - Board Decisions

Jul 24, 2014

29-RC-114881 (N.L.R.B. Jul. 24, 2014)

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UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
CHEM RX PHARMACY SERVICES, LLC
Employer
and Case Nos. 29-RC-114881
29-RC-115184
CHEM RX EMPLOYEES UNION
Petitioner
and
UNITED FOOD AND COMMERCIAL WORKERS,
LOCAL 2013
Intervenor
ORDER
The Petitioner’s Request for Review of the Regional Director’s Second Supplemental
Decision on Objections and Certifications of Representative is denied as it raises no substantial
issues warranting review.1
MARK GASTON PEARCE, CHAIRMAN
PHILIP A. MISCIMARRA, MEMBER
KENT Y. HIROZAWA, MEMBER
Dated, Washington, D.C., July 24, 2014.

1 In overruling Intervenor’s Objection 3, the Regional Director apparently applied a third-party
standard for objectionable conduct in finding that the alleged conduct involving employee Sam
Marshall, who the Intervenor contends is the Petitioner’s president, and other “representatives”
of the Petitioner did not create an atmosphere of fear and coercion which rendered a free election
impossible. See Westwood Horizons Hotel, 270 NLRB 802, 803 (1984). In denying review of
Intervenor’s Objection 3, we find that, even assuming the individuals involved in the alleged
incidents were agents of the Petitioner, the Intervenor’s proffered evidence fails to make a prima
facie showing under a party conduct standard that the conduct reasonably tended to interfere with
the employees’ free and uncoerced choice in the election. Avis Rent-a-Car System, 280 NLRB
580, 581 (1986).