BGC Partners, Inc. d/b/a Newmark Grubb Knight Frank

National Labor Relations Board - Unpublished Board Decisions

Oct 5, 2018

28-CA-178893 (N.L.R.B. Oct. 5, 2018)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
G&E REAL ESTATE MANAGEMENT
SERVICES, INC. d/b/a NEWMARK
GRUBB KNIGHT FRANK1
and Case 28-CA-178893
PATRICK THURMAN
NOTICE TO SHOW CAUSE
On May 10, 2017, Administrative Law Judge Robert A. Ringler issued a decision in this
case. The Respondent and the General Counsel each filed exceptions, a supporting brief, and an
answering brief. The Respondent additionally filed a reply brief.
This case involves complaint allegations that several provisions of the Respondent’s
employee handbook 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. 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,

1 Consistent with the complaint amendment accepted by the judge at the hearing, we have
amended the case caption to correctly identify the Respondent.
2
including, if necessary, the filing of statements, reopening the record, and issuance of a
supplemental decision.
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 19, 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 5, 2018.
By direction of the Board:
/s/Farah Z. Qureshi
Associate Executive Secretary