The National Labor Relations Board (NLRB) denied Como Health LLC d/b/a 3Fifteen Primo Cannabis's ("the Employer") request for review in Case 14-RC-365779. The Employer sought review of a prior decision by the Regional Director concerning a petition filed by United Food & Commercial Workers Local 655 ("the Petitioner") for a representation election. The Board found that the Employer's request for review did not present any substantial issues that warranted further consideration by the Board. In its order denying review, the Board clarified that it did not rely on the precedent established in Magic Beans, LLC, 352 NLRB 872 (2008). This specific exclusion was due to the fact that Magic Beans, LLC was a decision issued by a two-member Board, and therefore, the Board referenced the Supreme Court's ruling in New Process Steel, L.P. v. NLRB, 560 U.S. 674 (2010), which addresses the quorum requirements for Board decisions.

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Significant Cases Cited

• Magic Beans, LLC, 352 NLRB 872 (2008): This case was cited but the Board explicitly stated it did not rely on its precedent because it was a two-member Board decision.
• New Process Steel, L.P. v. NLRB, 560 U.S. 674 (2010): This Supreme Court case was cited to support the Board's reasoning for not relying on a two-member Board decision.

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