Cayuga Medical Center at Ithaca, Inc.

National Labor Relations Board - Unpublished Board Decisions

Oct 15, 2018

03-CA-156375 (N.L.R.B. Oct. 15, 2018)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
CAYUGA MEDICAL CENTER AT ITHACA, INC.
and Cases 03-CA-156375
03-CA-159354
1199 SEIU UNITED HEALTHCARE WORKERS EAST 03-CA-162848
03-CA-165167
03-CA-167194
NOTICE TO SHOW CAUSE
On October 28, 2016, Administrative Law Judge David I. Goldman issued a decision in
this case. The Respondent filed exceptions with supporting argument, and the General Counsel
filed an answering brief. The General Counsel filed cross-exceptions with supporting argument.
On December 16, 2017, the National Labor Relations Board issued a decision, 365
NLRB No. 170, ruling on the exceptions to several of the complaint allegations, but it severed
and retained for future resolution the complaint allegations involving the Respondent’s
maintenance of certain provisions in its Nursing Code of Conduct. The severed allegations
allege that the Respondent violated 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 these
complaint allegations should not be remanded to the judge for further proceedings in light of
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Boeing, 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 the complaint allegations
involving the Respondent’s maintenance of the Nursing Code of Conduct provisions 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 October 29, 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. October 15, 2018.
By direction of the Board:
Farah Z. Qureshi
Associate Executive Secretary