CBRE, INC.

National Labor Relations Board - Board Decisions

Dec 17, 2018

21-CA-182368 (N.L.R.B. Dec. 17, 2018)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
CBRE, INC.
and Case 21-CA-182368

STEVE THOMA
NOTICE TO SHOW CAUSE1
On November 24, 2017, Administrative Law Judge John T. Giannopoulos issued the
attached decision, finding that the Respondent violated Section 8(a)(1) of the National Labor
Relations Act by maintaining an arbitration agreement that employees reasonably would believe
bars or restricts them from filing unfair labor practice charges with the Board.2 The Respondent
filed exceptions and a supporting brief. The General Counsel filed an answering brief and the
Respondent filed a reply brief.
At the time of the administrative law judge’s decision, the issue whether maintenance of
a policy that did not expressly restrict employee access to the Board violated Section 8(a)(1) on
the basis that employees would reasonably believe it did would be resolved 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

1 Member Emanuel is recused and has taken no part in the consideration of this case.
2 On July 10, 2018, in light of Epic Systems Corp. v. Lewis, 584 U.S. __, 138 S. Ct. 1612 (2018),
the Acting Regional Director for Region 31 dismissed the complaint allegation that the
Respondent violated Section 8(a)(1) by maintaining and enforcing an arbitration agreement that
requires employees, as a condition of employment, to waive their rights to pursue class or
collective actions involving employment-related claims in all forums, whether arbitral or
judicial.
2
new standard that applies retroactively to all pending cases. The Boeing Co., 365 NLRB No. 154
at 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,
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 December 31, 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., December 17, 2018.
By direction of the Board:
Roxanne Rothschild
Acting Executive Secretary