Recent Charges and Petitions Filings

Unit Sought: Despite the above, the RM Petitioner, Alamo Intermediate II Holdings, LLC (the “Employer”), contends that the petitioned-for unit is not appropriate because the unit must include all regular full-time and part-time employees at the Employer’s venues in the Denver, Colorado Market in Westminster, Littleton, and Sloan’s Lake. Alternatively,—even though the Employer argues that American Steel, 372 NLRB No. 23 (2022) was wrongly decided—assuming the petitioned-for unit does not include all of the Employer’s regular full-time and part-time employees at the Employer’s venues in the Denver, Colorado Market in Westminster, Littleton, and Sloan’s Lake, the unit must at least include all regular fulltime and part-time employees at each individual location because they share an overwhelming community of interest with the petitioned-for unit. The petitioned-for unit is a deceitful attempt to create micro-units, resulting in the weakening of labor peace and stability “by the balkanization of bargaining units in a single, coordinated workplace,” such as the Employer’s venues in the Denver, Colorado Market. Macy’s, Inc. v. NLRB, No. 15-60022, slip op. at 5 (5th Cir. Nov. 18, 2016) (citing NLRB v. R. C. Can Co., 328 F.2d 974, 978–79 (5th Cir. 1964)). Further, the Employer asserts that the overwhelming community of interest standard set forth in American Steel is the wrong standard and the standard set forth in PCC Structurals, Inc., 365 NLRB No. 160 (2011) is the correct standard that should be applied. Moreover, the Employer contends that all Supervisors in the Sloan’s Lake, Westminster, and Littleton locations must be included in the unit because they are not statutory supervisors under Section 2(11) of the Act. Exclude: Projectionists/Technical Engineers in the Employer’s Sloan’s Lake, Westminster, and Littleton venues should be excluded from the petitioned-for unit because they constitute a nationwide craft unit subject to a pending New York/IATSE case. (See 02-RC-319517.) Alternatively, the Technical Engineers share an overwhelming community of interest among all the Denver market . Technical Engineers and share a separate community of interest from the Front and Back of the House employees at Sloan’s Lake. The Employer also contends that all other employees, including, but not limited to, statutory supervisors, managers, and guards should be excluded, as defined in the Act

Unit Sought: Included: All baristas and service pros. Excluded: All other employees: clerical, production, managers, IT, operations, and design staff