NATIONAL CAPTIONING INSTITUTE, INC.

National Labor Relations Board - Board Decisions

Oct 2, 2018

16-CA-182528 (N.L.R.B. Oct. 2, 2018)

National Captioning Boeing NSC
1
RMcK
Dallas, TX
UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
NATIONAL CAPTIONING INSTITUTE, INC.
and Case 16-CA-182528
16-CA-183953
16-CA-187150
16-CA-188322
16-CA-188346
NATIONAL ASSOCIATION OF BROADCAST
EMPLOYEES & TECHNICIANS – COMMUNICATIONS
WORKERS OF AMERICA, AFL-CIO
NOTICE TO SHOW CAUSE1
On September 18, 2017, Administrative Law Judge Robert A. Ringler issued a
decision addressing complaint allegations that the Respondent violated Section 8(a)(1) by
maintaining certain work rules or policies, and by directing employees not to discuss the
impending closure of its Texas office without indicating how long this external
discussion ban would remain in effect. The judge analyzed these allegations under 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,

1 Member Emanuel is recused and did not participate in this proceeding.
National Captioning Boeing NSC
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NOTICE IS GIVEN that cause be shown, in writing, filed with the Board in
Washington, D.C., on or before October 16, 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 and the directive not to discuss the closure of the Texas
office 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 be severed and retained or instead included in the remand. Any briefs
or statements in support of the motion shall be filed on the same date.
Dated, Washington, D.C., October 2, 2018.
By direction of the Board:
Farah Z. Qureshi
Associate Executive Secretary