Excalibur Charter School, Inc.

National Labor Relations Board - Unpublished Board Decisions

Oct 15, 2018

28-CA-023039 (N.L.R.B. Oct. 15, 2018)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
EXCALIBUR CHARTER SCHOOL, INC.
and Case 28-CA-023039
NATHANIEL WICKE
NOTICE TO SHOW CAUSE
On January 26, 2011, Administrative Law Judge Joel P. Biblowitz issued a decision in
this case. The General Counsel filed exceptions and a supporting brief. The Respondent filed
cross-exceptions with supporting argument, and the General Counsel filed an answering brief.
On March 29, 2018, the Board issued a decision, reported at 366 NLRB No. 49, ruling on
the exceptions to some of the complaint allegations, but it severed and retained for future
resolution allegations involving the Respondent’s work rules.1 In the underlying decision, the
judge applied the “reasonably construe” prong of the Board’s decision in Lutheran Heritage
Village-Livonia, 343 NLRB 646 (2004)(Lutheran Heritage), when addressing these allegations.
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).
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.

1 On May 9, 2018, the Board issued an erratum to correct inadvertent mistakes in its
decision.
2
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 29, 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 15, 2018.
By direction of the Board:
/s/ Roxanne L. Rothschild
Executive Secretary