SSA Pacific

National Labor Relations Board - Unpublished Board Decisions

Oct 22, 2018

20-CA-151433 (N.L.R.B. Oct. 22, 2018)

1
UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
SSA PACIFIC, INC.
and
RONI SIMISOLA Cases 20–CA–151433
JOHN STUBBE 20–CA–156741
ALAN COUCH 20–CA–156786
PACIFIC MARITIME ASSOCIATION
and
RONI SIMISOLA Cases 20–CA–153169
JOHN STUBBE 20–CA–156732
ALAN COUCH 20–CA–156792
INTERNATIONAL LONGSHORE AND
WAREHOUSE UNION, LOCAL 18
and
RONI SIMISOLA Cases 20–CB–151490
JOHN STUBBE 20–CB–156767
ALAN COUCH 20–CB–156787
NOTICE TO SHOW CAUSE
On April 3, 2018, the National Labor Relations Board issued a Decision and
Order in this proceeding, reported at 366 NLRB No. 51, in which it affirmed the judge’s
dismissals of certain unfair labor practice allegations and severed other allegations.
Specifically, the Board severed and retained for further consideration the complaint
allegations that Respondents SSA Pacific, Inc., and Pacific Maritime Association
violated Section 8(a)(1) of the Act, and Respondent International Longshore and
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Warehouse Union, Local 18, violated Section 8(b)(1)(A) of the Act, by jointly maintaining
Rule 12 of the Identified Casuals Dispatch Rules, which provides that “[c]asuals causing
a disturbance at the Dispatch Hall or at any other job-related area shall have their
dispatch privileges permanently revoked.”
The administrative law judge addressed these allegations 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 the record, and
issuance of a supplemental decision.
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 November 5, 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 22, 2018.
By direction of the Board:
Associate Executive Secretary
Farah Z. Qureshi