Verizon Pennsylvania Inc.; Verizon Services Corp.; Verizon Corporate Services Corp.; and Verizon Com

National Labor Relations Board - Board Decisions

Nov 19, 2018

04-CA-156043 (N.L.R.B. Nov. 19, 2018)

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UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
VERIZON WIRELESS
and Case 02–CA–157403
COMMUNICATIONS WORKERS OF AMERICA,
AFL–CIO
VERIZON NEW YORK INC., EMPIRE CITY SUBWAY COMPANY
(LIMITED), VERIZON AVENUE CORP., VERIZON ADVANCED
DATA INC., VERIZON CORPORATE SERVICES CORP., VERIZON
NEW ENGLAND INC., VERIZON SERVICES CORP. AND
VERIZON NEW JERSEY, INC.
and Case 02–CA–156761
COMMUNICATIONS WORKERS OF AMERICA (CWA)
VERIZON PENNSYLVANIA INC., VERIZON SERVICES
CORP., AND VERIZON CORPORATE SERVICES CORP.
and Case 04–CA–156043
COMMUNICATIONS WORKERS OF AMERICA, DISTRICT 2-13,
AFL–CIO, CLC
VERIZON WASHINGTON, D.C. INC., VERIZON MARYLAND INC.,
VERIZON VIRGINIA INC., VERIZON SERVICES CORP., VERIZON
ADVANCED DATA INC., VERIZON SOUTH INC. (VIRGINIA),
VERIZON CORPORATE SERVICES CORP. AND VERIZON
DELAWARE INC.
and Case 05–CA–156053
COMMUNICATIONS WORKERS OF AMERICA, DISTRICT 2-13,
AFL–CIO, CLC
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VERIZON CALIFORNIA INC. AND VERIZON FEDERAL INC.,
VERIZON FLORIDA INC., VERIZON NORTH LLC, VERIZON
SOUTHWEST INC., VERIZON CONNECTED SOLUTIONS INC.,
VERIZON SELECT SERVICES INC. AND MCI INTERNATIONAL, INC.
and Case 31–CA–161472
COMMUNICATIONS WORKERS OF AMERICA,
AFL–CIO, DISTRICT 9
NOTICE TO SHOW CAUSE
On May 25, 2017, Administrative Law Judge Donna N. Dawson issued a decision
addressing complaint allegations that the Respondents violated Section 8(a)(1) of the National
Labor Relations Act 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). In analyzing some complaint allegations, the judge also
applied the Board’s standard for determining the lawfulness of an employer’s rule restricting
employee use of a company’s email system. See Purple Communications, Inc., 361 NLRB 1050
(2014). 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).
NOTICE IS GIVEN that cause be shown, in writing, filed with the Board in
Washington, D.C., on or before December 3, 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 Boeing, including reopening the
record if necessary. Any response should address whether a remand would affect the Board’s
ability to resolve the judge’s application of Purple Communications, including whether that
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portion of the case 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., November 19, 2018
By direction of the Board:
/s/ Roxanne Rothschild
Acting Executive Secretary