METROPOLITAN FOOD INC. D/B/A DRISCOLL FOODS

National Labor Relations Board - Board Decisions

Apr 25, 2014

22-RD-120579 (N.L.R.B. Apr. 25, 2014)

Clifton, NJ
UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
METROPOLITAN FOOD INC. D/B/A
DRISCOLL FOODS
Employer
and
JUAN MOJICA
Petitioner
22-RD-120579
DECISION AND CERTIFICATION OF RESULTS OF ELECTION
The National Labor Relations Board has considered an objection and determinative
challenged ballots in an election held February 27 and 28, 2014, and the Regional Director's
report recommending disposition of them. The election was conducted pursuant to a Stipulated
Election Agreement. The tally of ballots shows 80 ballots cast for the Union, and 89 ballots cast
against the Union, with 0 void ballots and 12 challenged ballots, a sufficient number to affect the
results.
No exceptions have been filed to the Regional Director's report within the time provided.
Accordingly, the Board adopts the Regional Director's findings and recommendations, and finds
that a certification of results of election should be issued.1

1
The Regional Director recommended that the Board sustain the challenges to the ballots of Jose
Guerrero, Miroslaw Kulikowski, Christian Noritoa, Pablo Sierra and Gabriel Soriano. He further
recommended that the Intervenor’s objection be overruled in its entirety. Accordingly, the Revised Tally
of Ballots shows:
Approximate number of eligible voters 207
Number of Void ballots 0
Votes cast for Local 464-A, United Food & Commercial
Workers Union(Intervenor) 80
Votes cast against participating Labor organization 89
Valid votes counted 169
Challenged ballots 7
Valid votes counted plus challenged ballots 176
CERTIFICATION OF RESULTS OF ELECTION
IT IS CERTIFIED that a majority of the valid ballots have not been cast for Local 464-A,
United Food & Commercial Workers Union, and that it is not the exclusive collective-bargaining
representative of these bargaining unit employees.
Dated, Washington, D.C., April 25,2014
By direction of the Board:
Farah Z. Qureshi
_____________________________
Associate Executive Secretary