Professional Electrical Contractors of Connecticut, Inc.

National Labor Relations Board - Unpublished Board Decisions

Oct 23, 2018

34-CA-071532 (N.L.R.B. Oct. 23, 2018)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
PROFESSIONAL ELECTRICAL CONTRACTORS
OF CONNECTICUT, INC.
and Case 34-CA-071532

INTERNATIONAL BROTHERHOOD OF
ELECTRICAL WORKERS, LOCAL UNION NO. 35
NOTICE TO SHOW CAUSE
On June 4, 2014, Administrative Law Judge Raymond P. Green issued a
decision in this case. The General Counsel filed exceptions and a supporting brief.
The case involves complaint allegations that several provisions of the
Respondent’s 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 workplace 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 14-17 (2017).
Accordingly, the Board hereby issues the following notice to show cause why this
proceeding should not be remanded to the judge for further proceedings in light of
Boeing, including, if necessary, the filing of statements, reopening the record, and
issuance of a supplemental decision.
2
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 November 6, 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 23, 2018.
By direction of the Board:
Farah Z. Qureshi
_________________________________
Associate Executive Secretary