Sysco Kansas City, Inc.

National Labor Relations Board - Board Decisions

Oct 31, 2014

14-RC-136240 (N.L.R.B. Oct. 31, 2014)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
SYSCO KANSAS CITY, INC.
Employer
and Case 14-RC-136240
TEAMSTERS LOCAL 41, affiliated with
the INTERNATIONAL BROTHERHOOD
OF TEAMSTERS
Petitioner
ORDER
The Employer’s Request for Review of the Regional Director’s Decision and
Direction of Election is denied as it raises no substantial issues warranting review.1
Dated, Washington, D.C., October 31, 2014
MARK GASTON PEARCE, CHAIRMAN
HARRY I. JOHNSON, III, MEMBER
NANCY SCHIFFER, MEMBER

1 Member Johnson finds the petitioned-for unit appropriate under the Board’s traditional
community of interest analysis. Member Johnson notes that even in Board precedent
decided prior to Specialty Healthcare and Rehabilitation Center of Mobile, 357 NLRB
No. 83 (2011), enfd. sub nom. Kindred Nursing Centers East, LLC v. NLRB, 727 F.3d
552 (6th Cir. 2013), the Board found a unit of local drivers, excluding other drivers, as an
appropriate unit. See Century Moving & Storage, Inc., 251 NLRB 671, 680 (1980)
(community of interest between local and long haul drivers was insufficient to require
their inclusion in any appropriate unit where, despite some interchange and contact
between the two groups as well as identical supervision, the two groups formed two
distinct entities with respect to function and method of compensation). Accordingly,
under the circumstances of this case, Member Johnson finds no need to express a view
whether Specialty Healthcare was correctly decided and correctly applied here.