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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.