Phillips 66

National Labor Relations Board - Board Decisions

Apr 11, 2019

31-CA-085243 (N.L.R.B. Apr. 11, 2019)

1
UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
PHILLIPS 66
and Cases 31-CA-085243
31-CA-096709
UNITED STEEL, PAPER AND FORESTRY,
RUBBER, MANUFACTURING, ENERGY,
ALLIED INDUSTRIAL & SERVICE WORKERS
INTERNATIONAL UNION, AFL-CIO/CLC
ORDER REMANDING1
On November 20, 2018, the National Labor Relations Board issued a Notice to
Show Cause why the complaint allegations involving the maintenance of an allegedly
unlawful work rule or policy should not be severed and remanded for further
consideration under The Boeing Co., 365 NLRB No. 154 (2017). The Charging Party
filed a response stating that it does not oppose remand, and the Respondent filed a
response arguing that remand is unnecessary.2
Having duly considered the matter, including the arguments raised by the
Respondent, we find that it would effectuate the purposes of the National Labor Relations
Act to sever and remand the complaint allegations involving the maintenance of the
allegedly unlawful work rule or policy for further consideration in light of Boeing.

1 The National Labor Relations Board has delegated its authority in this proceeding to a
three-member panel.
2 The Respondent opposes remand because it believes the record is sufficient to find the
challenged work rule lawful under Boeing. It has not provided any compelling reason
why remand is unnecessary or inappropriate here. We find that the most prudent course
of action is to remand the allegations to the judge to decide in the first instance the
lawfulness of the challenged work rule.
2
IT IS THEREFORE ORDERED that the complaint allegations involving the
maintenance of the allegedly unlawful work rule or policy are severed and remanded to
Administrative Law Judge Lisa D. Thompson for the purpose of reopening the record, if
necessary, and the preparation of a supplemental decision addressing the complaint
allegations affected by Boeing 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 parties, after which the provisions of Section 102.46 of the Board’s
Rules and Regulations shall be applicable.
Dated, Washington, D.C., April 11, 2019
By direction of the Board:
Roxanne L. Rothschild
Executive Secretary