Charter Communications, LLC

National Labor Relations Board - Board Decisions

Sep 28, 2018

07-CA-140170 (N.L.R.B. Sep. 28, 2018)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
CHARTER COMMUNICATIONS, LLC
and Case 07–CA–140170
JONATHAN FRENCH
and Case 07–CA–145726
RAYMOND SCHOOF
and Case 07–CA–147521
JAMES DEBEAU
NOTICE TO SHOW CAUSE
On November 10, 2016, Administrative Law Judge Arthur J. Amchan issued the
attached decision. The Respondent and the General Counsel each filed exceptions and
supporting, answering, and reply briefs. On March 27, 2018, the National Labor
Relations Board issued a Decision and Order reported at 366 NLRB No. 46 (2018), in
which it severed complaint paragraph 6 and retained it for further consideration.1
Complaint paragraph 6 alleges that several provisions of the Respondent’s
Professional Conduct policy 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

1 The Board ruled on the other complaint allegations that were before it on
exceptions. On June 6, 2018, the Board denied the Respondent’s motion for
reconsideration of the Board’s Decision and Order reported at 366 NLRB No. 46 in an
unpublished Order.
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 hereby issues the following notice to show cause why this
case 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 October 12, 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. September 28, 2018.
By direction of the Board:
Farah Z. Qureshi
Associate Executive Secretary