U.S. Cosmetics Corporation

National Labor Relations Board - Unpublished Board Decisions

Oct 30, 2018

01-CA-135282 (N.L.R.B. Oct. 30, 2018)

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UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
U.S. COSMETICS CORPORATION
and Case 01–CA–135282
TYLER HOAR
and Case 01–CA–139115
WILLIAM ST. HILAIRE
NOTICE TO SHOW CAUSE
On May 17, 2016, Administrative Law Judge Ira Sandron issued a decision
addressing complaint allegations that the Respondent violated Section 8(a)(1) by
maintaining certain work rules or policies. 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 13, 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 30, 2018
By direction of the Board:
/s/ Roxanne L. Rothschild
Acting Executive Secretary