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.