Charles Schwab

National Labor Relations Board - Unpublished Board Decisions

Jan 30, 2019

27-CA-184730 (N.L.R.B. Jan. 30, 2019)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
CHARLES SCHWAB & CO., INC.
and Case 27-CA-184730
MICHELLE HUSTON
NOTICE TO SHOW CAUSE
On June 26, 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 complaint allegations that two provisions of the Respondent’s
employee “misconduct” rule violate 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,
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
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Washington, D.C., on or before February 13, 2019 (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., January 30, 2019.
By direction of the Board:
/s/ Farah Z. Qureshi
Associate Executive Secretary