Central Transport, LLC

National Labor Relations Board - Board Decisions

May 1, 2015

14-RC-148258 (N.L.R.B. May. 1, 2015)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
CENTRAL TRANSPORT, LLC
Employer
and Case 14-RC-148258
TEAMSTERS LOCAL 600, a/w,
INTERNATIONAL BROTHERHOOD
OF TEAMSTERS
Petitioner
ORDER
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
PHILIP A. MISCIMARRA, MEMBER
LAUREN McFERRAN, MEMBER
Dated, Washington, D.C., May 1, 2015.

1 Member Miscimarra joins in the decision to deny review. However, he would not apply Specialty
Healthcare & 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) or the “overwhelming community of interest”
standard to determine whether the petitioned-for unit must include additional employees. See generally
Bergdorf Goodman, 361 NLRB No. 11, slip op. 2 at fn. 2 (2014); Macy’s Inc., 361 NLRB No. 4, slip op. at
22-33 (Member Miscimarra, dissenting). Rather, he finds that the interests of the petitioned-for local
pickup and delivery drivers are sufficiently distinct from those of the over-the road drivers (here called road
drivers) to warrant establishment of a separate unit. See Wheeling Island Gaming, 355 NLRB 637, 637 fn.
2 (2010) (quoting Newton-Wellesley Hospital, 250 NLRB 409, 411-412 (1980)). Member Miscimarra also
emphasizes that the Board “has long held that local drivers and over-the-road drivers constitute separate
appropriate units where they are shown to be clearly defined, homogenous, and functionally distinct groups
with separate interests which can effectively be represented separately for bargaining purposes.” Georgia
Highway Express, Inc., 150 NLRB 1649, 1651 (1965).