The National Labor Relations Board (NLRB) denied Rhode Island CVS Pharmacy, LLC's Request for Review of the Regional Director's Decision. The Employer had sought to overturn the Regional Director's decision which overruled objections and certified The Pharmacy Guild as the representative of its employees. The Board found that the Employer's request for review raised no substantial issues warranting further consideration.

Specifically, the Board stated that the evidence presented by the Employer in its offer of proof did not sufficiently allege facts that, if proven, would establish objectionable prounion supervisory conduct. This conclusion was based on an analysis of the conduct described, including a quote in a post-election press release and the solicitation of support for the union from another eligible voter during the critical period. The Board explicitly noted that this denial was based solely on the insufficiency of the alleged facts under the precedent established in Harborside Healthcare, Inc. and its subsequent cases. The Board clarified that it was not ruling on the Regional Director's assertion that the offer of proof was deficient due to the Employer's failure to identify its proffered witness by name. Furthermore, the Board stated it did not rely on any implication that a hearing on objections requires the proffer of testimony from nonsupervisory employees, nor did it rely on the Regional Director's citation of Connecticut Humane Society, a recess-Board case, in light of the Supreme Court's decision in NLRB v. Noel Canning.

The Board also rejected the Employer's argument that the Regional Director lacked the authority to continue processing the petition without a full Board quorum, citing Satellite Healthcare (Santa Rosa) for this position. Chairman Murphy and Member Mayer indicated that they would apply Harborside Healthcare as existing precedent but would be open to reconsidering it in a future case.

Significant Cases Cited

• Harborside Healthcare, Inc., 343 NLRB 906 (2004): This case established precedent for determining objectionable prounion supervisory conduct.
• NLRB v. Noel Canning, 573 U.S. 513 (2014): This Supreme Court decision addressed the validity of actions taken by the NLRB during periods when the Board lacked a quorum.
• Satellite Healthcare (Santa Rosa), 374 NLRB No. 25 (2026): This case provided reasoning for the NLRB's authority to process petitions in the absence of a full Board quorum.
• Connecticut Humane Society, 358 NLRB 187 (2012): This case was cited by the Regional Director but not relied upon by the Board in its decision.

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