UNITED NATURAL FOODS, INC.

National Labor Relations Board - Board Decisions

Oct 29, 2014

21-RC-103281 (N.L.R.B. Oct. 29, 2014)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
UNITED NATURAL FOODS, INC.
Employer
and Case 21-RC-103281
INTERNATIONAL BROTHERHOOD OF TEAMSTERS
LOCAL 63
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
MARK GASTON PEARCE, CHAIRMAN
KENT Y. HIROZAWA, MEMBER
NANCY SCHIFFER, MEMBER
Dated, Washington, D.C., October 29, 2014

1 In its request for review, the Employer objected to the processing of the petition by
Olivia Garcia, arguing that her January 4, 2012 appointment as Regional Director of
Region 21 was invalid because the Board lacked a quorum at that time. That argument
lacks merit, as Garcia was appointed Regional Director on December 22, 2011, at a time
when the Board had a quorum. See NLRB v. Gestamp South Carolina, LLC, _F.3d _,
2014 WL 5013049, slip op. 5 (4th Cir. Oct. 8, 2014) (“we now conclude that Member
Becker’s recess appointment was valid.”). For the same reason we reject the Employer’s
argument that the Board cannot apply its decision in Specialty Healthcare and
Rehabilitation Center of Mobile, 357 NLRB No. 83, slip op. at 8-9 (2011), enfd sub.
nom. Kindred Nursing Centers East v. NLRB, 727 F.3d 552 (6th Cir. 2013), as it issued
when the Board had a quorum.