The Kroger Company of Michigan

National Labor Relations Board - Unpublished Board DecisionsOct 23, 2018

07-CA-098566 (N.L.R.B. Oct. 23, 2018)

UNITED STATES OF AMERICA BEFORE THE NATIONAL LABOR RELATIONS BOARD THE KROGER CO. OF MICHIGAN and Case 07-CA-098566 ANITA GRANGER NOTICE TO SHOW CAUSE On April 22, 2014, Administrative Law Judge David I. Goldman issued a decision in this case. The Respondent filed exceptions and a supporting brief, the General Counsel filed an answering brief, and the Respondent filed a reply brief. This case involves complaint allegations that several provisions of the Respondent’s original and revised online communications policy 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 work 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