Nestle Dreyer’s Ice Cream Co. v. NLRB

After the Board certified a collective bargaining unit consisting of all maintenance employees at an ice-cream production facility operated by Dreyers, the company contends that the Board petitioned for review. The court held that the Board acted within its broad discretion in certifying the Union’s petitioned-for unit where the Regional Director (RD), under the Specialty Healthcare & Rehabilitation Center of Mobile framework, applied the traditional community-of-interest factors to determine not only that the maintenance employees share a community of interest amongst themselves, but also that maintenance employees form a group distinct from production employees. By doing so, the RD did not allow the extent of organization to control his decision. The court rejected Dreyer's objections that focused on attacking Specialty Healthcare rather than on the Board's decision in this case. Accordingly, the court denied Dreyer's petition for review and granted the Board's cross-petition for enforcement. View "Nestle Dreyer's Ice Cream Co. v. NLRB" on Justia Law