The American Bottling Co. v. National Labor Relations Board, No. 20-1031 (D.C. Cir. 2021)
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The DC Circuit denied the Company's petition for review of the Board's decision affirming the Regional Director's determination that the Company had failed to demonstrate that elimination of the position was both definite and imminent. In this case, after the Company planned to eliminate one of the jobs at its plant, the Company first planned to make the transition in the Spring of 2018. However, that did not work out. Then the Company told its employees that it planned to eliminate the classification around Super Bowl weekend in 2019, but it did not. Then the Company told them that it would definitely eliminate the classification on April 1, 2019, but it did not.
The court concluded that, given the Company's track record, the Board reasonably concluded that termination of the position on July 21st was anything but certain. The court explained that the Board's decision to order an election in a unit containing representatives was supported by substantial evidence as the Company failed to show that contraction of the proposed bargaining unit was definite and imminent. The court also concluded that the Board correctly denied the Company's objections to the election process itself.
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