Wynn Las Vegas, LLC

National Labor Relations Board - Unpublished Board Decisions

Nov 6, 2018

28-CA-155984 (N.L.R.B. Nov. 6, 2018)

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UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
WYNN LAS VEGAS, LLC
and Cases: 28–CA–155984
28–CA–157203
KELI P. MAY
and
KANIE KASTROLL
NOTICE TO SHOW CAUSE
On September 26, 2016, Administrative Law Judge Gerald M. Etchingham issued
a decision addressing complaint allegations that the Respondent violated Section 8(a)(1)
by maintaining certain work rules or policies. 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 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 16-18 (2017). Having duly
considered the matter,
NOTICE IS GIVEN that cause be shown, in writing, filed with the Board in
Washington, D.C., on or before November 20, 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 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
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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., November 6, 2018.
By direction of the Board:
/s/ Roxanne L. Rothschild
Acting Executive Secretary