UNITED STATES POSTAL SERVICE

National Labor Relations Board - Unpublished Board DecisionsOct 10, 2018

18-CA-142795 (N.L.R.B. Oct. 10, 2018)

UNITED STATES OF AMERICA BEFORE THE NATIONAL LABOR RELATIONS BOARD UNITED STATES POSTAL SERVICE and Case 18–CA–142795 STEFAN GUSTAF RONNKVIST and Cases 16–CA–150064 16–CA–161476 BRUCE EDWARD FREEMAN, JR. and Case 15–CA–172429 SCHWAYN BRADLEY and Case 01–CA–169707 NATIONAL POSTAL MAIL HANDLERS UNION, BRANCH 83, LOCAL 301 and Case 16–CA–181431 ARSENIO MANANSALA NOTICE TO SHOW CAUSE On May 19, 2017, Administrative Law Judge Andrew S. Gollin issued a decision in this case. The Respondent filed exceptions, a supporting brief, and an answering brief; the General Counsel filed a cross-exception, a supporting brief, and an answering brief; and Intervenors National Postal Mail Handlers Union and American Postal Workers Union each filed an answering brief. This case involves complaint allegations that certain provisions in the Respondent’s Employee and Labor Relations Manual, Handbook AS-805, and Administrative Support Manual 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 2 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. The judge also addressed an allegation that the Respondent unlawfully terminated an employee pursuant to one of the rules at issue. 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.1 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 October 24, 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 10, 2018. By direction of the Board: /s/ Roxanne L. Rothschild Executive Secretary 1 Chairman Ring is recused and took no part in the consideration of this case.