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National Labor Relations Board - Board Decisions

Nov 20, 2018

31-CA-085243 (N.L.R.B. Nov. 20, 2018)

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UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
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and Cases 31-CA-085243
31-CA-096709
UNITED STEEL, PAPER AND FORESTRY,
RUBBER, MANUFACTURING, ENERGY,
ALLIED INDUSTRIAL & SERVICE WORKERS
INTERNATIONAL UNION, AFL-CIO/CLC
NOTICE TO SHOW CAUSE
On November 25, 2014, Administrative Law Judge Lisa D. Thompson issued a
decision addressing complaint allegations that the Respondent violated Section 8(a)(1) by
maintaining a certain work rule or policy. 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 December 4, 2018 (with affidavit of service on the
parties to this proceeding), why the complaint allegations involving the maintenance of
an allegedly unlawful work rule or policy should not be severed and remanded to the
administrative law judge for further proceedings consistent with the Board’s decision in
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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 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., November 20, 2018.
By direction of the Board:
Roxanne L. Rothschild
Acting Executive Secretary