Charter Communications, LLC

National Labor Relations Board - Board Decisions

Dec 7, 2018

07-CA-140170 (N.L.R.B. Dec. 7, 2018)

RMcE
Saginaw and Bay City, MI
UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
CHARTER COMMUNICATIONS, LLC
and Case 07–CA–140170
JONATHAN FRENCH
and Case 07–CA–145726
RAYMOND SCHOOF
and Case 07–CA–147521
JAMES DEBEAU
ORDER REMANDING1
On September 28, 2018, 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 Respondent filed a response opposing
remand.2
Having duly considered the matter,

1 The National Labor Relations Board has delegated its authority in this
proceeding to a three-member panel.
2 The General Counsel’s response was untimely and therefore was not
forwarded to the Board for consideration.
The Respondent opposes remand simply because it believes that the challenged
provisions in its Professional Conduct Policy are lawful under Boeing. It has not
provided any compelling reason why remand is unnecessary or inappropriate here. We
find that the most prudent course of action is to remand this case to the judge to initially
decide the lawfulness of the challenged provisions under Boeing.
Further, we deny the Respondent’s request that the Board instruct its appellate
counsel to seek a stay of the Board’s application for enforcement of the Decision and
Order reported at 366 NLRB No. 46 (2018), which is currently pending in the United
States Court of Appeals for the Sixth Circuit.
IT IS ORDERED that this proceeding is remanded to Administrative Law Judge
Arthur J. Amchan 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 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., December 7, 2018.
By direction of the Board:
/s/ Roxanne L. Rothschild
Acting Executive Secretary