ENTERGY NUCLEAR OPERATIONS INC.

National Labor Relations Board - Unpublished Board DecisionsOct 3, 2018

01-CA-153956 (N.L.R.B. Oct. 3, 2018)

1 UNITED STATES OF AMERICA BEFORE THE NATIONAL LABOR RELATIONS BOARD ENTERGY NUCLEAR OPERATIONS, INC., Cases 01-CA-153956 and 01-CA-158947 01-CA-165432 UNITED GOVERNMENT SECURITY OFFICERS OF AMERICA, LOCAL 25 NOTICE TO SHOW CAUSE On May 12, 2017, Administrative Law Judge Paul Bogas issued a decision addressing complaint allegations that the Respondent violated Section 8(a)(1) by maintaining certain work rules or policies. The judge applied the “reasonably construe” prong of the Board’s decision in Lutheran Heritage Village-Livonia, 343 NLRB 646 (2004) (Lutheran Heritage). The judge also addressed other alleged unfair labor practices. 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). Having duly considered the matter, NOTICE IS GIVEN that cause be shown, in writing, filed with the Board in Washington, D.C., on or before October 17, 2018 (with affidavit of service on the parties to this proceeding), why the complaint allegations involving the maintenance of allegedly unlawful work rules or policies should not be severed and remanded to the administrative law judge for further proceedings consistent with the Board’s decision in Boeing, including reopening the record if necessary. Any response should address whether a remand would affect the Board’s ability to resolve the remaining complaint allegations, including whether those allegations should 2 be severed and retained or instead included in the remand. Any briefs or statements in support of the response shall be filed on the same date. Dated, Washington, D.C., October 3, 2018. By direction of the Board: /s/ Farah Z. Qureshi Associate Executive Secretary