Midwest Terminals of Toledo International, Inc.

National Labor Relations Board - Unpublished Board Decisions

Jan 25, 2019

08-CA-152192 (N.L.R.B. Jan. 25, 2019)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
MIDWEST TERMINALS OF TOLEDO,
INTERNATIONAL, INC.
and Case 08-CA-152192
LOCAL 1982, INTERNATIONAL LONGSHOREMEN’S
ASSOCIATION, AFL-CIO
ORDER REMANDING
On October 5, 2018, the National Labor Relations Board issued a Notice to Show Cause
why this case should not be remanded for further consideration under The Boeing Co., 365
NLRB No. 154 (2017). The General Counsel and the Respondent each filed a response to the
Notice to Show Cause opposing remand and requesting that the Board retain and decide the
legality of the work rules now pending on exceptions.
Having duly considered the matter, the Board has concluded that a remand of the entire
case to the administrative law judge is warranted.1
IT IS ORDERED that this proceeding is remanded to Administrative Law Judge Eric M.
Fine for the purpose of reopening the record, if necessary, and the preparation of a supplemental
decision addressing the complaint allegations affected by Boeing and setting forth credibility

1 In responding to the Notice to Show Cause, the General Counsel contends that the Board
should retain and find Sec. 8(a)(1) violations under Boeing with respect to 3 contested rules
while dismissing allegations as to all other rules at issue. The Respondent also opposes remand,
but it contends that the Board should dismiss all unlawful rule allegations under Boeing. Neither
party has provided any compelling reason why remand is unnecessary or inappropriate here. We
find that the most prudent course of action is to remand this case to the judge to initially decide
the lawfulness of the challenged provisions under Boeing, including whether certain allegations
should be dismissed.
2
resolutions, findings of fact, conclusions of law, and a recommended Order. Copies of the
supplemental decision shall be served on all parties, after which the provisions of Section 102.46
of the Board’s Rules and Regulations shall be applicable.
Dated, Washington, D.C., January 25, 2019.
By direction of the Board:
/s/Roxanne L. Rothschild
Acting Executive Secretary