DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
161565P.pdf 03/24/2017 Cargill, Inc. v. NLRB
U.S. Court of Appeals Case No: 16-1565
National Labor Relations Board
[PUBLISHED] [Wollman, Author, with Smith, Chief Judge, and Wright,
District Judge]
Petition for Review - National Labor Relations Board. By electing to file
a new petition which differed from the original representation petition,
the Union did not, as asserted by Cargill, run afoul of 29 C.F.R. Sec.
102.65(e)(1) which prohibits a motion for reconsideration, rehearing or
reopening of the record; as a result, the Board did not err in declining
to dismiss the second petition; the Board did not err in approving the
bargaining unit at issue as it could reasonably determine that the
packaging, shipping and receiving employees were readily identifiable as a
group and shared a community of interest; nor did the Board err in
determining that Cargill failed to show that the employees it thought
should be included in the unit shared an overwhelming community unit with
the bargaining unit employees such that their exclusion rendered the
bargaining unit determination inappropriate; the Board did not err in
concluding Cargill had not carried the heavy burden of showing that the
complained-of conduct at the election created a general atmosphere of fear
and reprisal rendering a free election impossible; because no employee
action was sufficiently objectionable to require action by the Board's
on-site agent, the Board did not err in determining that Cargill failed to
establish that the agent's actions cast a reasonable doubt on the Board's
neutrality or the integrity of the election.