T-Mobile USA, Inc.

National Labor Relations Board - Unpublished Board Decisions

Oct 31, 2018

14-CA-170229 (N.L.R.B. Oct. 31, 2018)

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UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
T-MOBILE USA, INC.
and Case 14-CA-170229
COMMUNICATION WORKERS OF AMERICA,
AFL-CIO
NOTICE TO SHOW CAUSE
On April 3, 2017, Administrative Law Judge Sharon Levinson Steckler issued a
decision addressing complaint allegations that the Respondent violated Section 8(a)(1) of
the National Labor Relations Act by maintaining “the following rule concerning
employees sharing or communicating information regarding T-Voice: ‘T-Mobile Internal
Use Only.’” 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 November 14, 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
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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., October 31, 2018.
By direction of the Board:
Farah Qureshi
Associate Executive Secretary