Registry of Interpreters for the Deaf, Inc.

National Labor Relations Board - Unpublished Board Decisions

Nov 2, 2018

20-CA-164088 (N.L.R.B. Nov. 2, 2018)

1
UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
REGISTRY OF INTERPRETERS FOR THE DEAF, INC.
and Case 20-CA-164088
PACIFIC MEDIA WORKERS GUILD, LOCAL 39521
NOTICE TO SHOW CAUSE
On December 29, 2016, Administrative Law Judge Joel P. Biblowitz issued a
decision addressing complaint allegations that the Respondent violated Section 8(a)(1) by
maintaining and applying its civility and/or antitrust policies. The judge applied the
Board’s decision in Lutheran Heritage Village-Livonia, 343 NLRB 646 (2004) (Lutheran
Heritage). In support of his cross-exception arguing that the Respondent unlawfully
maintained the civility policy, separately from its maintenance of the antitrust policy, the
General Counsel relies on the “reasonably construe” prong of Lutheran Heritage.
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). 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 16, 2018 (with affidavit of service on the
parties to this proceeding), why the complaint allegations involving the maintenance of
the allegedly unlawful civility and antitrust 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
2
address 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 2, 2018.
By direction of the Board:
/s/ Roxanne L. Rothschild
Acting Executive Secretary