Stericycle, Inc.

National Labor Relations Board - Unpublished Board Decisions

May 8, 2020

04-CA-137660 (N.L.R.B. May. 8, 2020)

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UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
STERICYCLE, INC.
and Cases 04-CA-137660
04-CA-145466
TEAMSTERS LOCAL 628 04-CA-158277
04-CA-160621
ORDER REMANDING
On January 15, 2019, 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 filed a response to the Notice to Show Cause, in
which he supported severing the allegations that certain work rules relating to personal conduct,
conflicts of interest and retaliation maintained by the Respondent were unlawful under Boeing;
and retention by the Board of the remaining allegations. The Respondent also filed a response to
the Notice to Show Cause, in which it supported either remanding all allegations to the judge or
retention by the Board of all allegations.
Having duly considered the matter, IT IS ORDERED that the allegations that the work
rules – including those relating to the use of personal electronic devices,1 personal conduct,
conflicts of interest, confidentiality of harassment complaints, electronic communications,2 and
1 The Use of Personal Electronics policy set forth in paragraph 6(a)(i) of the complaint and the
Use of Personal Electronics in the Workplace Policy set forth in paragraph 6(c) of the complaint
are almost identical and were analyzed together by the judge. Both allegations are subject to this
remand.
2 Unlike the other rules, the Respondent’s electronic communications policy implicated the use
of its email system by employees. Accordingly, the judge analyzed this allegation under Purple
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camera and video use – have been unlawfully maintained are severed and remanded to
Administrative Law Judge Michael A. Rosas for the purpose of reopening the record, if
necessary, preparing a supplemental decision addressing those allegations, setting forth
credibility resolutions (if necessary), 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.3
Dated, Washington, D.C., May 8, 2020.
__________________________
John F. Ring, Chairman
__________________________
Marvin E. Kaplan, Member
__________________________
William J. Emanuel, Member
NATIONAL LABOR RELATIONS BOARD
Communications, 361 NLRB 1050 (2014). After the Notice to Show Cause issued, the Board
overruled Purple Communications and announced a new standard that applies retroactively to all
pending cases. Caesars Entertainment d/b/a Rio All-Suites Hotel and Casino, 368 NLRB No.
143, slip op. at 8-9 (2019). Accordingly, we remand this specific allegation to the judge for
further consideration under Caesars Entertainment.
3 Neither party has provided any compelling reason why remanding all rules-related allegations
would be unnecessary or inappropriate here.
We shall retain for future consideration the allegations that the Respondent unlawfully
refused to provide various categories of requested information, refused to bargain with the Union
over recoupment of health care premiums, and unilaterally distributed a handbook that changed
terms and conditions of employment.