PILOT TRAVEL CENTERS LLC, d/b/a PILOT FLYING J

National Labor Relations Board - Board Decisions

Jul 18, 2014

22-RC-128749 (N.L.R.B. Jul. 18, 2014)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
PILOT TRAVEL CENTERS, LLC,
d/b/a PILOT FLYING J
Employer
and Case 22-RC-128749
LOCAL 108, RETAIL, WHOLESALE &
DEPARTMENT STORE UNION,
UNITED FOOD & COMMERCIAL WORKERS
Petitioner

ORDER
The Employer’s Request for Review of the Acting Regional Director’s Decision and
Direction of Election is denied as it raises no substantial issues warranting review.1
MARK GASTON PEARCE, CHAIRMAN
PHILIP A. MISCIMARRA, MEMBER

1 In denying review, we note that the Food Service Leader III classification is the only one at
issue in this case.
We agree with the Acting Regional Director’s rejection of the Employer’s contention that
Food Service Leader IIIs are statutory supervisors because of their role in evaluating team
members. In doing so, we find that the Employer has not shown that the Food Service Leader
IIIs have or will prepare the evaluations themselves or that they will have the final say over the
content of the evaluations. The Employer also failed to establish how any decisions regarding
the wage increases or job status of team members are or will be made or show that such
decisions about wage increases or promotions are solely based on the feedback of the Food
Service Leader IIIs. Indeed, the Employer concedes that the restaurant general manager is
involved in the evaluations of team members. Finally, no team member has yet been evaluated.
Member Miscimarra believes the Acting Regional Director defined too narrowly the standard
for evaluating accountability (part of the analysis regarding whether a Food Service Leader III
engages in responsible direction), see Community Education Centers, Inc., 360 NLRB No. 17,
slip op. at 2 (2014) (Mbr. Miscimarra, dissenting in part), but he agrees that the record fails to
establish that employees in that position satisfy the requirements of accountability and
responsible direction for purposes of supervisory status under Sec. 2(11).

KENT Y. HIROZAWA, MEMBER

Dated, Washington, D.C., July 18, 2014.