Navopache Electric Cooperative, Inc.

National Labor Relations Board - Unpublished Board Decisions

Oct 11, 2018

28-CA-160585 (N.L.R.B. Oct. 11, 2018)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
NAVOPACHE ELECTRIC COOPERATIVE, INC.
and Case 28–CA–160585
INTERNATIONAL BROTHERHOOD OF ELECTRICAL
WORKERS, LOCAL UNION NO. 387, AFL–CIO
NOTICE TO SHOW CAUSE
On February 6, 2017, Administrative Law Judge Dickie Montemayor issued a decision in
this case addressing the complaint allegation that the Respondent violated Section 8(a)(1) by
promulgating and maintaining an overly broad rule prohibiting employees from discussing terms
and conditions of employment with the Respondent’s Board of Directors. The judge found the
rule explicitly restricted Section 7 activity and was unlawful under the first prong of Lutheran
Heritage Village-Livonia, 343 NLRB 646 (2004) (Lutheran Heritage). As an alternative
analysis, the judge also applied the “reasonably construe” prong of Lutheran Heritage. 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. 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 25, 2018 (with affidavit of service on the parties to this
proceeding), why this case should not be remanded to the administrative law judge for further
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proceedings consistent with the Board’s decision in Boeing, including reopening the record if
necessary. Any briefs or statements in support of the motion shall be filed on the same date.
Dated, Washington, D.C., October 11, 2018.
By direction of the Board:
/s/ Roxanne L. Rothschild
Executive Secretary