The Kroger Company of Michigan

National Labor Relations Board - Unpublished Board Decisions

Oct 23, 2018

07-CA-098566 (N.L.R.B. Oct. 23, 2018)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
THE KROGER CO. OF MICHIGAN
and Case 07-CA-098566
ANITA GRANGER
NOTICE TO SHOW CAUSE
On April 22, 2014, Administrative Law Judge David I. Goldman issued a decision in this
case. The Respondent filed exceptions and a supporting brief, the General Counsel filed an
answering brief, and the Respondent filed a reply brief.
This case involves complaint allegations that several provisions of the Respondent’s
original and revised online communications policy violate Section 8(a)(1) of the National Labor
Relations Act based on the prong of the analytical framework set forth in Lutheran Heritage
Village-Livonia, 343 NLRB 646 (2004), that held an employer’s maintenance of a facially
neutral work rule would be unlawful “if employees would reasonably construe the language to
prohibit Section 7 activity.” Id. at 647. 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,
including, if necessary, the filing of statements, reopening the record, and issuance of a
supplemental decision.
2
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 November 6, 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 23, 2018.
By direction of the Board:
Farah Z. Qureshi
Associate Executive Secretary