Judge Rejects Boeing Motion to Dismiss NLRB Complaint

An administrative law judge in San Francisco, CA rejected “in its entirety” a motion by The Boeing Company to dismiss the National Labor Relations Board (NLRB) complaint over Boeing’s movement of 787 production from Washington state to South Carolina.

Click here to read full text of the judge’s ruling.

Citing established Board law, Judge Clifford Anderson rejected Boeing’s claims that it was not restricted from placing the line in South Carolina because (a) Puget Sound workers were allegedly not yet harmed by the move, and (b) the move was allowed by the parties’ collective bargaining agreement.

Both claims have been pillars of Boeing’s increasingly public and political defense for the discriminatory transfer of work from Puget Sound to South Carolina.

The judge also rejected Boeing’s attempt to narrow the proposed remedy of retaining the second 787 line in Everett. The judge noted that this is the standard Board remedy for illegal movement of work and it is too early in the proceedings to make this judgment.

“Administrative law judges, including myself, do not make law, they apply it,” declared Anderson, who noted that the claims put forward by Boeing were limited by the fact that the evidentiary phase of the trial had not yet begun.