Defines bargaining unit work as including all of Certco's warehouse labor without limiting it to a specific facility.

Forbids Certco from transferring bargaining unit work to nonunion workers.

Filed two separate unfair labor practice (ULP) charges with the NLRB alleging that:

Filed a grievance under its CBA, alleging that Certco violated the CBA by assigning and transferring bargaining unit work to nonunion workers at different facilities.

Held that:

(See Certco Distribution Centers.)

Declined to issue a ULP complaint regarding the transfer and assignment of warehouse freezer work at the new facility because the evidence preliminarily showed that:

Interpreted the CBA's definition for bargaining unit work as broad enough to cover work on products traditionally handled by the bargaining unit at the unionized facility even though that work was now performed by nonunion workers at the new nonunion facilities.

Held that Certco:

Ordered as a remedy for the CBA breaches that Certco restore to the bargaining unit all work traditionally performed by bargaining unit employees.

Certco lawfully assigned and arguably transferred warehousing work to nonunion facilities under the NLRA.

The nonunion workers performing the new or transferred work should not be accreted into the union's bargaining unit and represented by the union.

The dispute about whether work at the nonunionized facilities belonged to the union was arbitrable under the terms of Certco's CBA with the union.

The NLRB's conclusions in its 2006 decision about assigning work at new facilities and bargaining unit accretion were matters of labor policy; they did not affect the arbitrability of the dispute under the CBA.

The arbitrator's award was compatible with the NLRB's conclusions about bargaining unit accretion or the lawfulness of assigning or transferring work under the NLRA.

The NLRB's decision not to issue a complaint about the alleged freezer warehouse work transfers had no bearing on the arbitrator's interpretation of the dispute and was immaterial because it was not a legally binding decision of the NLRB.

The district court did not abuse its discretion by staying enforcement of the decision until the Seventh Circuit affirmed its analysis or by denying the union's request for sanctions against the employer for challenging the issues arbitrability. (Had the employer challenged the merits of the arbitrator's award, sanctions would likely have been appropriate because that would have been a presumptively frivolous claim.)

CBA definitions of bargaining unit work limit its scope, such as specifying that it applies to specific:

CBA grievance clauses define what matters are arbitrable to exclude grievances about topics that the employer does not want to arbitrate.

CBA arbitration clauses define the arbitrator's authority to exclude authority to modify the CBA or interpret the CBA to apply it to the employer's other facilities or to employees outside of the bargaining unit covered by the CBA.

Certco, Inc. v. Int'l Brotherhood of Teamsters, Local 695, Nos. 12-3387, 12-3487, (7th Cir. July 17, 2013).

Certco Distrib. Ctrs., 346 N.L.R.B. 1214 (2006).