Valley Health System, LLC d/b/a Spring Valley Hospital Medical Center, Valley Hospital Medical Cente

National Labor Relations Board - Board Decisions

Nov 9, 2018

28-CA-123611 (N.L.R.B. Nov. 9, 2018)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
VALLEY HEALTH SYSTEM LLC d/b/a
SPRING VALLEY HOSPITAL MEDICAL CENTER
and CENTENNIAL HILLS HOSPITAL MEDICAL CENTER
and DESERT SPRINGS HOSPITAL MEDICAL CENTER
and VALLEY HOSPITAL MEDICAL CENTER
and SUMMERLIN HOSPITAL MEDICAL CENTER LLC
d/b/a SUMMERLIN HOSPITAL MEDICAL CENTER
and
KATHY MORRIS, an Individual Case 28-CA-123611
and
KATRINA ALVAREZ-HYMAN, an Individual Case 28-CA-127147
NOTICE TO SHOW CAUSE1
On May 5, 2016, the National Labor Relations Board issued a Decision and
Order2 finding that the Respondents violated Section 8(a)(1) of the National Labor
Relations Act by (1) maintaining a mandatory individual arbitration policy in their
Alternative Resolutions of Conflicts Program that prohibited class and collective actions
and (2) maintaining certain rules in the Respondents’ Employee Handbook.
On June 29, 2018, the United States Court of Appeals for the Ninth Circuit
denied enforcement, in light of Epic Systems Corp. v. Lewis, 584 U.S. __, 138 S. Ct.
1612 (2018), of the Board’s Order concerning the Respondents’ arbitration policy. The
court remanded the findings concerning the Employee Handbook rules back to the
Board.

1 Member Emanuel is recused and took no part in the consideration of this case.
2 363 NLRB No. 178 (2016).
2
In finding that the Respondents unlawfully maintained the disputed work rules,
the Board, and Administrative Law Judge Lisa D. Thompson in her March 18, 2015
decision that the Board affirmed in part, relied on the “reasonably construe” prong of the
Board’s decision in Lutheran Heritage Village-Livonia, 343 NLRB 646 (2004) (Lutheran
Heritage). 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 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.
NOTICE IS GIVEN that cause be shown, in writing, filed with the Board in
Washington, D.C., on or before November 23, 2018 (with affidavit of service on the
parties to this proceeding), why this case should not be remanded to the administrative
law judge for further proceedings consistent with the Board’s decision in Boeing,
including reopening the record if necessary. Any briefs or statements in support of the
motion shall be filed on the same date.
Dated, Washington, D.C., November 9, 2018.
By direction of the Board:
/s/ Roxanne L. Rothschild
Acting Executive Secretary