Midwest Terminals of Toledo International, Inc.

National Labor Relations Board - Unpublished Board Decisions

Oct 5, 2018

08-CA-152192 (N.L.R.B. Oct. 5, 2018)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
MIDWEST TERMINALS OF TOLEDO
INTERNATIONAL, INC.
and Case 08-CA-152192
LOCAL 1982, INTERNATIONAL LONGSHOREMEN’S
ASSOCIATION, AFL-CIO
NOTICE TO SHOW CAUSE
On September 19, 2016, Administrative Law Judge Eric M. Fine 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 19, 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
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be severed and retained or instead included in the remand. Any briefs or statements in support of
the motion shall be filed on the same date.
Dated, Washington, D.C., October 5, 2018
By direction of the Board:
/s/ Farah Z. Qureshi
Associate Executive Secretary