EYM King of Michigan, LLC d/b/a Burger King

National Labor Relations Board - Unpublished Board Decisions

Oct 10, 2018

07-CA-118835 (N.L.R.B. Oct. 10, 2018)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
EYM KING OF MICHIGAN, LLC,
d/b/a BURGER KING
and Case 07-CA-118835
MICHIGAN WORKERS ORGANIZING
COMMITTEE
NOTICE TO SHOW CAUSE
On September 29, 2014, Administrative Law Judge Arthur J. Amchan issued a decision
in this case. The Respondent filed exceptions, a supporting brief, a reply brief, and an answering
brief. The General Counsel filed cross-exceptions, a supporting brief, a reply brief, and an
answering brief. The Charging Party filed an answering brief to the Respondent’s exceptions.
On August 15, 2018, the Board issued a Decision and Order severing and retaining for
further consideration certain complaint paragraphs.1 The severed complaint paragraphs allege
that several rules in the Respondent’s original and revised employee handbook 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 16-18 (2017).
Accordingly, the Board hereby issues the following notice to show cause why the severed
complaint allegations should not be remanded to the judge for further proceeding in light of

1 366 NLRB No. 156. The Board ruled on the other complaint allegations that were before it on
exceptions.
2
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
Washington, D.C., on or before October 24, 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 10, 2018.
By direction of the Board:
/s/ Roxanne L. Rothschild
Executive Secretary