Cayuga Medical Center at Ithaca, Inc.

National Labor Relations Board - Board Decisions

Feb 12, 2019

03-CA-156375 (N.L.R.B. Feb. 12, 2019)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
CAYUGA MEDICAL CENTER AT ITHACA, INC.
and Cases 03-CA-156375
03-CA-159354
1199 SEIU UNITED HEALTHCARE WORKERS EAST 03-CA-162848
03-CA-165167
03-CA-167194
ORDER REMANDING
On December 16, 2017, the National Labor Relations Board issued a Decision and Order
in this proceeding that resolved multiple complaint allegations and severed for further
consideration allegations that the Respondent violated Section 8(a)(1) of the Act by maintaining
various work rules. See 365 NLRB No. 170 (2017), enfd. per curiam, 18-1001 (D.C. Cir.
December 21, 2018). On October 15, 2018, the Board issued a Notice to Show Cause why the
severed allegations should not be remanded for further consideration under The Boeing Co., 365
NLRB No. 154 (2017). The General Counsel filed a response supporting a partial remand.
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Having duly considered the matter,
IT IS ORDERED that this proceeding is remanded to Administrative Law Judge David I.
Goldman for the purpose of reopening the record, if necessary, and the preparation of a
supplemental decision addressing the complaint allegations affected by Boeing and setting forth
credibility resolutions, findings of fact, conclusions of law, and a recommended Order. Copies

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The General Counsel requested that the Board dismiss, instead of remand, the
allegations covering three of the work rules that he represents are prima facie lawful under
Boeing. The Board denies these requests and remands all seven work-rule allegations to the
judge for consideration, including whether certain allegations should be dismissed.
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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.
Dated, Washington, D.C., January 12, 2019.
By direction of the Board:
/s/ Roxanne Rothschild
Executive Secretary