XPO Cartage, Inc.

National Labor Relations Board - Unpublished Board Decisions

May 10, 2019

21-CA-150873 (N.L.R.B. May. 10, 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
ORDER REMANDING1
On March 26, 2019, the National Labor Relations Board issued a Notice to Show
Cause why this case should not be remanded for further consideration under
SuperShuttle DFW, Inc., 367 NLRB No. 75 (2019). The General Counsel filed a
response indicating he did not oppose remand. The Respondent filed a response
opposing remand.2
Having duly considered the matter,
IT IS ORDERED that this proceeding is remanded to Administrative Law Judge
Christine E. Dibble for the purpose of reopening the record, if necessary, and the
preparation of a supplemental decision addressing the complaint allegations affected by
SuperShuttle and setting forth credibility resolutions, findings of fact, conclusions of law,
and a recommended Order. Copies of the supplemental decision shall be served on all

1
The National Labor Relations Board has delegated its authority in this proceeding to a
three-member panel. Member Emanuel is recused and took no part in this proceeding.
2
The Respondent opposes remand, but it has not provided any compelling reason why
remand is unnecessary or inappropriate here. Rather, we believe that the most prudent
course of action is to remand this case to the judge to initially decide the lawfulness of
the allegations in light of SuperShuttle.
Member McFerran adheres to her dissent in SuperShuttle, but nevertheless
agrees that a remand is appropriate in these circumstances.
2
parties, after which the provisions of Section 102.46 of the Board’s Rules and
Regulations shall be applicable.
Dated, Washington, D.C., May 10, 2019.
By direction of the Board:
/s/ Roxanne L. Rothschild
Executive Secretary