Stericycle, Inc.

National Labor Relations Board - Board Decisions

Jan 15, 2019

04-CA-137660 (N.L.R.B. Jan. 15, 2019)

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UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
STERICYCLE, INC.
and Cases 04-CA-137660
04-CA-145466
TEAMSTERS LOCAL 628 04-CA-158277
04-CA-160621
NOTICE TO SHOW CAUSE
On November 10, 2016, Administrative Law Judge Michael A. Rosas issued a
decision addressing complaint allegations that the Respondent violated Section 8(a)(1) by
maintaining certain work rules or policies. The judge applied the “reasonably construe”
prong of the Board’s decision in Lutheran Heritage Village-Livonia, 343 NLRB 646
(2004) (Lutheran Heritage). The judge also addressed other alleged unfair labor
practices. 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 January 29, 2019 (with affidavit of service on the parties
to this proceeding), why the complaint allegations involving the maintenance of allegedly
unlawful work rules or 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 address whether a
remand would affect the Board’s ability to resolve the remaining complaint allegations,
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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., January 15, 2019.
By direction of the Board:
/s/ Roxanne L. Rothschild
Acting Executive Secretary