Securitas Security Services USA

National Labor Relations Board - Unpublished Board Decisions

Oct 3, 2018

16-CA-176006 (N.L.R.B. Oct. 3, 2018)

1
UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
SECURITAS SECURITY SERVICES USA
and Case 16-CA-176006
16-CA-183494
RYAN PARTICK MURPHY
NOTICE TO SHOW CAUSE1
On September 28, 2017, Administrative Law Judge Donna N. Dawson 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 certain rules or polices maintained
by the Respondent 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 of the record, and
issuance of a supplemental decision.

1 Member Emanuel is recused and has taken no part in the consideration of this case.
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 October 17, 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 3, 2018.
By direction of the Board:
/s/ Farah Z. Qureshi
Associate Executive Secretary