Foster Poultry Farms

National Labor Relations Board - Board Decisions

Jan 15, 2019

32-RD-230993 (N.L.R.B. Jan. 15, 2019)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
FOSTER POULTRY FARMS
Employer
and
MARIA ARACELI LOPEZ Case 32-RD-230993
Petitioner
and
UNITED FOOD AND COMMERCIAL WORKERS
8-GOLDEN STATE
Union
ORDER
The Employer’s Request for Review of the Acting Regional Director’s Order Directing
Hearing and Notice of Hearing on Objections and “Errata” and its request to stay the hearing on
objections are denied as moot.1
LAUREN McFERRAN, MEMBER
MARVIN E. KAPLAN, MEMBER
WILLIAM J. EMANUEL, MEMBER
Dated, Washington, D.C., January 15, 2019.

1 As there are no longer special appeals to the Board in the representation case context (see 79 Fed. Reg. 74382),
we shall treat the Employer’s Special Appeal as a request for review under Sec. 102.67(c) of the Board’s Rules and
Regulations, and its Motion to Stay the objections hearing as a request for extraordinary relief under Sec.
102.67(j)(ii). Although the Employer’s request to stay the hearing is denied, we note that the Employer will be free
to file exceptions, should the Hearing Officer recommend sustaining the objections, and to request review, should
the Regional Director sustain the Union’s objections.
Members Kaplan and Emanuel express no view with respect to whether they agree or disagree with revisions
made by the Board’s Election Rule, but they agree that it applies here and warrants denial of the Employer’s request
to stay the hearing.