XPO Cartage, Inc.

National Labor Relations Board - Board Decisions

Mar 26, 2019

21-CA-150873 (N.L.R.B. Mar. 26, 2019)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
XPO CARTAGE, INC.
Cases 21-CA-150873
and 21-CA-164483
21-CA-175414
INTERNATIONAL BROTHERHOOD OF 21-CA-192602
TEAMSTERS
NOTICE TO SHOW CAUSE1
On September 12, 2018, Administrative Law Judge Christine E. Dibble issued a decision
finding that the Respondent’s drivers were employees and addressing complaint allegations that
affect them. In finding that the drivers were employees, the judge applied the Board’s precedent
in FedEx Home Delivery, 361 NLRB 610 (2014), enf. denied 849 F.3d 1123 (D.C. Cir. 2017).
Recently, the Board overruled FedEx and announced a new test for determining employee status.
SuperShuttle DFW, Inc., 367 NLRB No. 75 (2019). 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 April 9, 2019 (with affidavit of service on the parties to this
proceeding), why this case should not be remanded to the administrative law judge for further
proceedings consistent with the Board’s decision in SuperShuttle, including reopening the record
if necessary. Any briefs or statements in support of the motion shall be filed on the same date.
Dated, Washington, D.C., March 26, 2019.
By direction of the Board:
Roxanne Rothschild
Executive Secretary

1 Member Emanuel is recused and took no part in the consideration of this case.