ENTERGY NUCLEAR OPERATIONS INC.

National Labor Relations Board - Unpublished Board Decisions

Oct 3, 2018

01-CA-153956 (N.L.R.B. Oct. 3, 2018)

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UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
ENTERGY NUCLEAR OPERATIONS, INC.,
Cases 01-CA-153956
and 01-CA-158947
01-CA-165432
UNITED GOVERNMENT SECURITY
OFFICERS OF AMERICA, LOCAL 25
NOTICE TO SHOW CAUSE
On May 12, 2017, Administrative Law Judge Paul Bogas 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 17, 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, including whether those allegations should
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be severed and retained or instead included in the remand. Any briefs or statements in support of
the response shall be filed on the same date.
Dated, Washington, D.C., October 3, 2018.
By direction of the Board:
/s/ Farah Z. Qureshi
Associate Executive Secretary