Taylor Motors, Inc.

National Labor Relations Board - Unpublished Board Decisions

Oct 15, 2018

10-CA-141565 (N.L.R.B. Oct. 15, 2018)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
TAYLOR MOTORS, INC.
and Cases 10–CA–141565
10–CA–141578
10–CA–145467
AMERICAN FEDERATION OF
GOVERNMENT EMPLOYEES
(AFGE), AFL-CIO, LOCAL 2022
NOTICE TO SHOW CAUSE
On July 14, 2015, Administrative Law Judge Keltner W. Locke issued a decision
addressing complaint allegations that the Respondent violated Section 8(a)(1) of the National
Labor Relations Act (Act) by maintaining a confidentiality/nondisclosure agreement. The judge
applied 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 unfair
labor practice allegations, finding, among other things, that the Respondent violated Section
8(a)(1) of the Act when it suspended and discharged employee Anthony Williams. The
Respondent filed exceptions and a supporting brief, and the General Counsel filed an answering
brief.
On March 13, 2017, the National Labor Relations Board remanded the case to the judge
for further consideration of his finding concerning Williams’ suspension and discharge.1 On
September 29, 2017, Judge Locke issued a supplemental decision, reaffirming all of his Section
8(a)(1) findings. The Respondent filed exceptions and a supporting brief, and the General
Counsel filed an answering brief.

1 365 NLRB No. 21.
2
On December 14, 2017, when the Respondent’s exceptions were pending before the
Board, 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
at slip op. 14–17. On April 20, 2018, the Board issued a Supplemental Decision and Order,
severing and retaining for further consideration the complaint’s allegations regarding the
Respondent’s confidentiality/nondisclosure agreement.2
Having duly considered the matter, 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, 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 case 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 October 29, 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 15, 2018.
By direction of the Board:
/s/ Roxanne L. Rothschild
Executive Secretary

2 366 NLRB No. 69. The Board ruled on the other complaint allegations that were before it on
exceptions.