Volkswagen Group of America, Inc., including VW Credit, Inc.

National Labor Relations Board - Unpublished Board Decisions

Oct 29, 2018

13-CA-158715 (N.L.R.B. Oct. 29, 2018)

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UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
VW CREDIT, INC.
and Case 13-CA-158715
KELLEY HELLMAN
VOLKSWAGEN GROUP OF AMERICA, INC.
and Case 13–CA–166961
KELLEY HELLMAN
NOTICE TO SHOW CAUSE
On March 31, 2016, as corrected on April 6, 2016, the General Counsel, through
the Regional Director for Region 13, issued an amended consolidated complaint
(“complaint”) alleging that each Respondent violated Section 8(a)(1) of the National
Labor Relations Act by maintaining “a mandatory arbitration agreement for certain of its
employees that employees reasonably would believe bars or restricts their right to file
charges with the Board.” On September 2, 2016, the parties filed a joint motion to waive
a hearing and a decision by an administrative law judge and to transfer this proceeding to
the Board for a decision based on a stipulated record. On December 2, 2016, the Board
issued an Order Approving Stipulation, Granting Motion, and Transferring Proceeding to
the Board. Pursuant to that Order, the Board transferred the case to the Board for the
purpose of issuing findings of fact, conclusions of law, and a Decision and Order, and set
a briefing schedule. Thereafter, the Respondents (jointly) and the General Counsel each
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filed briefs, and the Respondents (jointly) and the General Counsel then filed answering
briefs.
In support of the complaint’s allegation that the Respondents unlawfully
maintained the disputed arbitration agreement, the General Counsel relies on the
“reasonably construe” prong of the Board’s decision in Lutheran Heritage Village-
Livonia, 343 NLRB 646 (2004) (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 13, 2018 (with affidavit of service on the
parties to this proceeding), why the Board should not revoke its approval of the
stipulation and remand this case to the Regional Director for Region 13 for further
proceedings consistent with the Board’s decision in Boeing. Any briefs or statements in
support of the motion shall be filed on the same date.
Dated, Washington, D.C., October 29, 2018.
By direction of the Board:
/s/ Roxanne L. Rothschild
Acting Executive Secretary