Krise Transportation, Inc.

National Labor Relations Board - Unpublished Board Decisions

Oct 9, 2018

06-RD-219962 (N.L.R.B. Oct. 9, 2018)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
KRISE TRANSPORTATION, INC.
Employer
and Case 06-RD-219962
MARCIA WILLIAMS
Petitioner
and
GENERAL TEAMSTERS LOCAL 397, A/W
INTERNATIONAL BROTHERHOOD OF
TEAMSTERS, AFL-CIO
Union
ORDER
The Petitioner’s Request for Review of the Regional Director’s Order Dismissing
Petition is denied as it raises no substantial issues warranting review.1
LAUREN McFERRAN, MEMBER
MARVIN E. KAPLAN, MEMBER
WILLIAM J. EMANUEL, MEMBER
Dated, Washington, D.C., October 9, 2018.

1 For institutional reasons, Members Kaplan and Emanuel apply Poole Foundry &
Machine Co., 95 NLRB 34 (1951), enfd. 192 F.2d 740 (4th Cir. 1951), cert. denied 342 U.S. 954
(1952), and its progeny, in denying the Petitioner’s Request for Review. However, they would
consider revisiting the Board’s settlement bar policy in a future appropriate proceeding.
Applying that precedent, they agree with the Regional Director that a reasonable time for
bargaining had not yet elapsed when the Petitioner filed her decertification petition. In their
view, the settlement agreement only bars the employees from exercising their Section 7 right of
free choice for a reasonable period of time.