NLRB Greenlights Narrow Driver Unit at Frito-Lay

On February 4, 2026, NLRB Regional Director Kimberly Andrews directed an election for bulk truck drivers at Frito-Lay North America's King of Prussia, Pennsylvania facility, applying the framework established in American Steel Construction, Inc., 372 NLRB No. 23 (2022). The decision permits Teamsters Local 929 to organize 26 Sales Delivery Specialists, Delivery Specialist Leads, and Delivery Merchandising Specialists as a separate bargaining unit.

Frito-Lay contended the appropriate unit must encompass all 153 customer-facing employees in its Sales Organization, including Route Sales Representatives who earn salaries with performance-based pay ($75,900-$103,200 annually) and merchandising staff paid hourly ($23.55-$27.10). The company argued these employees share common supervision under Field Sales Management Director Kevin Herrera, identical benefits, similar training, and the same seniority list for vacation bidding.

Director Andrews rejected this argument, finding the bulk truck drivers "sufficiently distinct" from contested employees. The 26 petitioned-for employees drive specialized 24-30 foot trucks requiring Department of Transportation physical certification and training on liftgates and airbrake systems. They work the earliest shifts (1:00-3:00 AM), earn hourly wages ($28-$30.80) without performance incentives, and report to a single supervisor who oversees no other classifications. In contrast, Route Sales Representatives perform strategic sales work, developing customer relationships, analyzing consumer trends, and promoting products, fundamentally different from the manual delivery work of bulk truck drivers.

Applying the American Steel test, Director Andrews concluded Frito-Lay failed to demonstrate an "overwhelming community of interest" between the groups. This heightened burden requires interests to "overlap almost completely" rather than merely showing another unit configuration is appropriate. The decision noted minimal interchange between classifications—only 72 instances over nine months, all involving four RSR Specialists covering delivery shifts. Traditional driver-only units have long been recognized as appropriate when drivers retain separate identity through distinct duties, qualifications, and supervision.

The Regional Director found insufficient evidence of functional integration, noting employees merely occupy "one part of the sequence within the same production process" rather than depending on each other to accomplish tasks. While all employees share departmental affiliation, benefits, and workplace policies, these common factors only establish that a broader unit classification might be appropriate, not that the narrower driver unit is inappropriate.

The election is scheduled for February 19, 2026, with 26 eligible voters. Frito-Lay may request Board review, though the American Steel standar, restored in December 2022 after overruling 2017-2019 precedent, places the burden on employers to demonstrate an overwhelming community of interest when challenging petitioned-for units. This decision reflects the current NLRB approach to smaller "micro-unit" determinations that allows unions to organize discrete employee groups meeting the appropriateness criteria.

Key Points

• Regional Director approved 26-driver bargaining unit at Frito-Lay's Pennsylvania facility for union election scheduled February 19, 2026
• Rejected employer's argument that appropriate unit must include 127 additional Route Sales and merchandising employees
• Applied American Steel "overwhelming community of interest" standard requiring heightened showing to expand petitioned-for units
• Bulk truck drivers deemed sufficiently distinct based on specialized DOT-certified driving duties, separate supervision, hourly compensation without performance pay, and earliest shifts (1:00-3:00 AM)
• Route Sales employees perform strategic sales work with salary-based compensation ($75,900-$103,200 annually) including 15% performance incentive
• Minimal employee interchange found (72 instances over nine months) with no functional integration requiring interdependent work
• Decision follows NLRB precedent recognizing driver-only units as appropriate when drivers maintain separate occupational identity
• American Steel standard restored December 2022, overruling 2017-2019 PCC Structurals/Boeing framework and permitting organization of smaller employee subgroups

Primary Source Author: Kimberly Andrews, Regional Director, NLRB Region 4

Primary Source: Decision and Direction of Election, Frito-Lay North America, Inc., Case 04-RC-376082

Primary Source Link: https://apps.nlrb.gov/link/document.aspx/09031d45841a1f68

Supplemental Links

• Board Modifies Framework for Appropriate Bargaining Unit Standard | NLRB
• NLRB Restores Obama-Era Decision Supporting Unions' Right to Engage in "Micro-Unit" Organizing | Holland & Knight
• NLRB Returns to Specialty Healthcare Bargaining-Unit Determination Standard | Ogletree Deakins
• With American Steel, Micro-Units Are Again a Likely Possibility | Littler
• American Steel Construction, Inc., 372 N.L.R.B. No. 23 (2022): Case Brief Summary | Quimbee
• FreshPoint Central California Driver Unit Decision | NLRB Edge
• NLRB Reinstates "Overwhelming Community of Interest" Standard | Congressional Research Service