Alexandria Care Center LLC, Skilled Healthcare LLC, Skilled Healthcare Group, Inc.

National Labor Relations Board - Board Decisions

Nov 21, 2018

31-CA-140383 (N.L.R.B. Nov. 21, 2018)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
ALEXANDRIA CARE CENTER, LLC
and Case 31-CA-140383
ROSALINDA ZUNIGA, an Individual
NOTICE TO SHOW CAUSE1
On December 14, 2017, Administrative Law Judge Jeffrey D. Wedekind issued a
decision in this case. The Respondent filed exceptions and a supporting brief, the General
Counsel filed an answering brief, and the Respondent filed a reply brief.
This case involves a complaint allegation that the Respondent’s Employment Dispute
Resolution Program violates Section 8(a)(1) of the National Labor Relations Act based on the
prong of the analytical framework set forth in Lutheran Heritage Village-Livonia, 343 NLRB
646 (2004), that held an employer’s maintenance of a facially neutral work rule would be
unlawful “if employees would reasonably construe the language to prohibit Section 7 activity.”
Id. at 647. Recently, the Board overruled the Lutheran Heritage “reasonably construe” test and
announced a new standard that applies retroactively to all pending cases. The Boeing Co., 365
NLRB No. 154, slip op. at 14-17 (2017).
Accordingly, the Board hereby issues the following notice to show cause why this
proceeding should not be remanded to the judge for further proceedings in light of Boeing,

1 The National Labor Relations Board has delegated its authority in this proceeding to a
three-member panel. Member Emanuel is recused and took no part in the consideration of this
case.
2
including, if necessary, the filing of statements, reopening the record, and issuance of a
supplemental decision.
NOTICE IS GIVEN that any party seeking to show cause why this case should not be
remanded to the administrative law judge must do so in writing, filed with the Board in
Washington, D.C., on or before December 5, 2018 (with affidavit of service on the parties to this
proceeding). Any briefs or statements in support of the motion shall be filed on the same date.
Dated, Washington, D.C., November 21, 2018.
By direction of the Board:
Roxanne L. Rothschild
Acting Executive Secretary