IGT d/b/a International Game Technology

National Labor Relations Board - Unpublished Board Decisions

Feb 13, 2019

28-CA-166915 (N.L.R.B. Feb. 13, 2019)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
IGT d/b/a INTERNATIONAL GAME
TECHNOLOGY
and Cases 28–CA–166915
28–CA–173256
INTERNATIONAL UNION OF OPERATING 28–CA–174003
ENGINEERS LOCAL UNION 501, AFL-CIO 28–CA–174526
NOTICE TO SHOW CAUSE1
On November 15, 2016, Administrative Law Judge Jeffrey D. Wedekind issued a
decision in this case. The Respondent filed exceptions and a supporting brief, the General
Counsel filed an answering brief, and the Respondent filed a reply brief.
On August 24, 2018, the National Labor Relations Board issued a decision, 366 NLRB
No. 170, ruling on the exceptions to several of the complaint allegations, but it severed and
retained for future resolution the allegation involving a provision in the Respondent’s Separation
Agreement and General Release. The severed allegation alleges that the Respondent’s
maintenance of the provision violates Section 8(a)(1) of the 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 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).

1 Member Emanuel is recused and has taken no part in the consideration of this case.
2
Having duly considered the matter, the Board hereby issues the following notice to show
cause why this allegation 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 complaint allegation
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 February 27, 2019 (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., February 13, 2019.
By direction of the Board:
/s/ Roxanne L. Rothschild
Executive Secretary