PAE Aviation and Technical Services LLC

National Labor Relations Board - Unpublished Board Decisions

Oct 22, 2018

28-CA-170401 (N.L.R.B. Oct. 22, 2018)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
PAE AVIATION AND TECHNICAL
SERVICES LLC
and Cases 28-CA-170401
28-CA-175936
INTERNATIONAL ASSOCIATION OF
MACHINISTS AND AEROSPACE WORKERS,
LOCAL LODGE 2949, AFL-CIO
NOTICE TO SHOW CAUSE
On October 19, 2016, Administrative Law Judge Joel P. Biblowitz issued a decision in
this case. The Respondent filed exceptions and a supporting brief and the General Counsel filed
an answering brief. The General Counsel filed cross-exceptions and a supporting brief, the
Respondent filed an answering brief, and the General Counsel filed a reply.
On May 24, 2018, the Board issued a decision and order in this proceeding affirming in
part and reversing in part the judge’s decision.1 The Board severed and retained for further
consideration, however, complaint allegations that two provisions of the Respondent’s work
rules violate Section 8(a)(1) of the National Labor Relations Act based on the “reasonably
construe” prong of the analytical framework set forth in Lutheran Heritage Village-Livonia, 343
NLRB 646 (2004). 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,

1 366 NLRB No. 95.
2
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 the severed complaint
allegations 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 November 5, 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 22, 2018
By direction of the Board:
Farah Z. Qureshi
Associate Executive Secretary