CASINO PAUMA

National Labor Relations Board - Unpublished Board Decisions

Oct 2, 2018

21-CA-161832 (N.L.R.B. Oct. 2, 2018)

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UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
CASINO PAUMA
and Case 21-CA-161832
UNITE HERE INTERNATIONAL UNION
NOTICE TO SHOW CAUSE
On July 18, 2016, Administrative Law Judge Robert A. Giannasi 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 October 16, 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 remaining complaint allegations,
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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 2, 2018.
By direction of the Board:
/s/ Farah Z. Qureshi
Associate Executive Secretary