Shamrock Foods Company

National Labor Relations Board - Unpublished Board Decisions

Jan 9, 2019

28-CA-150157 (N.L.R.B. Jan. 9, 2019)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
SHAMROCK FOODS COMPANY
and Case 28-CA-150157
BAKERY, CONFECTIONERY, TOBACCO
WORKERS’ AND GRAIN MILLERS
INTERNATIONAL UNION, LOCAL
UNION NO. 232, AFL-CIO-CLC
ORDER REMANDING1
On June 22, 2018, the National Labor Relations Board issued a decision in this
proceeding that resolved multiple complaint allegations and severed for further consideration
allegations that the Respondent violated Section 8(a)(1) of the Act by maintaining various work
rules. See 366 NLRB No. 117 (2018). On October 11, 2018, the Board issued a Notice to Show
Cause why the severed allegations should not be remanded for further consideration under The
Boeing Co., 365 NLRB No. 154 (2017). The General Counsel and Charging Party each filed a
response supporting remand. The Respondent filed a response opposing remand.
Having duly considered the matter, the Board has concluded that a remand of these
allegations to the administrative law judge is warranted.2

1 The National Labor Relations Board has delegated its authority in this proceeding to a
three-member panel.
2 The Respondent opposes remand simply because it believes that all of the challenged
rules are lawful. It has not provided any compelling reason why remand is unnecessary or
inappropriate here. We find that the most prudent course of action is to remand all of the severed
rules to the judge to decide in the first instance the lawfulness of the challenged provisions.
2
IT IS ORDERED that these allegations are remanded to Administrative Law Judge
Jeffrey D. Wedekind for the purpose of reopening the record, if necessary, and preparation of a
supplemental decision addressing the complaint allegations affected by Boeing and setting forth
credibility resolutions, findings of fact, conclusions of law, and a recommended Order. Copies
of the supplemental decision shall be served on all parties, after which the provisions of Section
102.46 of the Board’s Rules and Regulations shall be applicable.
Dated, Washington, D.C., January 9, 2019
By direction of the Board:
/s/ Roxanne L. Rothschild
Acting Executive Secretary