12/11/2025: Hybrid Manual and Mail-in Election Ordered
A simple decision applying San Diego Gas and Electric.
Sysco USA III, LLC D/B/a Sysco Allentown, 04-RC-366220 (Regional Election Decision)
The National Labor Relations Board’s Region 04 Director has ordered a mixed manual-mail ballot election for drivers at Sysco USA III’s Allentown operations, finding that the company’s scattered workforce and varied shift schedules make a traditional in-person vote impractical.
Regional Director Kimberly Andrews ruled that while the NLRB generally prefers manual elections that allow in-person supervision and promote employee participation, the circumstances at Sysco warrant a hybrid approach. The decision affects drivers working from Sysco’s main Allentown facility as well as three remote domiciles in Mt. Pocono (48 miles away), Dorrance (59 miles away), and Pittston (65 miles away).
The Director noted that employees work significantly varied starting times—beginning as early as 2:00 a.m. and as late as 6:00 p.m.—and that a significant portion of the bargaining unit reports exclusively to the satellite locations without ever visiting the Allentown facility. The employer had proposed a two-day manual election across multiple locations with specific polling windows, while the union, International Brotherhood of Teamsters Local 773, advocated for extended manual voting hours at a central location, arguing that mail ballots would create confusion and delays.
Andrews rejected both proposals as insufficient to enfranchise all eligible voters. Under the framework established in San Diego Gas and Electric, a Regional Director may order mail ballots when eligible voters are “scattered” either geographically or temporally due to varying work schedules. The Director also cited efficient use of Board resources as a consideration, noting that the employer’s proposed manual election would require nearly one-third of the Region’s professional staff over two days.
Significant Cases Cited
San Diego Gas and Electric, 325 NLRB 1143 (1998): Established framework for when mail-ballot elections are appropriate, including when eligible voters are scattered geographically or temporally with varying work schedules.
Aspirus Keweenaw, 370 NLRB No. 45 (2020): Reaffirmed the Board’s preference for manual elections as promoting employee participation and serving as tangible expression of statutory rights, while recognizing exceptions for circumstances making in-person voting difficult.
Halliburton Services, 265 NLRB 1154 (1982): Established that the Board delegates discretion to Regional Directors to determine election arrangements and procedures.
Nouveau Elevator Industries, 326 NLRB 470 (1998): Confirmed that election arrangements include mechanics such as date and method of voting.
GPS Terminal Services, 326 NLRB 839 (1998): Found that Regional Directors may properly consider efficient use of Board resources when determining election method.