Deutsche Post Global Mail, Ltd.

National Labor Relations Board - Board Decisions

Jul 27, 2001

334 N.L.R.B. 102 (N.L.R.B. 2001)

334 NLRB No. 102
NOTICE: This opinion is subject to formal revision before publication in the
bound volumes of NLRB decisions. Readers are requested to notify the Ex-
ecutive Secretary, National Labor Relations Board, Washington, D.C.
20570, of any typographical or other formal errors so that corrections can
be included in the bound volumes.
Deutsche Post Global Mail, Ltd., formerly known as
Yellowstone International Mailing, Inc., a
Wholly Owned Subsidiary of Deutsche Post and
Manufacturing, Production & Service Workers
Union, Local No. 24, AFL–CIO. Case 13–CA–
39347
July 27, 2001
DECISION AND ORDER
BY CHAIRMAN HURTGEN AND MEMBERS LIEBMAN
AND TRUESDALE
Pursuant to a charge filed on May 9, 2001, and an
amended charge filed May 24, 2001, the General Coun-
sel of the National Labor Relations Board issued a com-
plaint on May 30, 2001, alleging that the Respondent has
violated Section 8(a)(5) and (1) of the National Labor
Relations Act by refusing the Union’s request to bargain
following the Union’s certification in Case 13–RC–
20399.1 (Official notice is taken of the “record” in the
representation proceeding as defined in the Board’s
Rules and Regulations, Secs. 102.68 and 102.69(g);
Frontier Hotel, 265 NLRB 343 (1982).) The Respondent
filed an answer admitting in part and denying in part the
allegations in the complaint.
On June 18, 2001, the Ge neral Counsel filed a Motion
for Summary Judgment. On June 20, 2001, the Board
issued an order transferring the proceeding to the Board
and a Notice to Show Cause why the motion should not
be granted. The Respondent filed a response.
The National Labor Relations Board has delegated its
authority in this proceeding to a three-member panel.
Ruling on Motion for Summary Judgment
In its answer the Respondent admits its refusal to bar-
gain, but attacks the validity of the certification on the
basis of its contention that no substantial and representa-
tive complement of employees existed at the time of the
unit hearing or the Board’s direction of election.2

1 We note that the General Counsel’s Motion for Summary Judg-
ment and the complaint inadvertently referred to this proceeding as case
13–RC–20339.
2 The Respondent’s answer also asserts that the Board’s Decision
and Certification of Representative in Case 13–RC–20399, issued
March 15, 2001, has created an unacceptable degree of confusion and
uncertainty because footnote 1 of that decision refers to election objec-
tions that are not related to the case at issue. On July 12, 2001, the
Board issued an erratum in that case, noting that an incorrect version of
the Certification had issued, and substituting the correct version of the
Supplemental Decision and Certification of Representative in Case 13–
RC–20399.
All representation issues raised by the Respondent
were or could have been litigated in the prior representa-
tion proceeding.3 The Respondent does not offer to ad-
duce at a hearing any newly discovered and previously
unavailable evidence, nor does it allege any special cir-
cumstances that would require the Board to reexamine
the decision made in the representation proceeding. We
therefore find that the Respondent has not raised any
representation issue that is properly litigable in this un-
fair labor practice proceeding. See Pittsburgh Plate
Glass Co. v. NLRB , 313 U.S. 146, 162 (1941). Accord-
ingly, we grant the Motion for Summary Judgment.
On the entire record, the Board makes the following
FINDINGS OF FACT
I. JURISDICTION
About February 2001, Yellowstone International Mail-
ing, Inc., a wholly owned subsidiary of Deutsche Post,
became known as Deutsche Post Global Mail, Ltd. and
continues to operate as such. The Respondent, Deutsche
Post Global Mail Ltd., a Delaware corporation, with an
office and place of business in Elk Grove Village, Illi-
nois, has been engaged in the business of furnishing in-
ternational mailing and distribution of published and
printed material. During the calendar year preceding the
issuance of the complaint, the Respondent, in conducting
its operations, derived gross revenues in excess of
$500,000 and received goods and services valued in ex-
cess of $50,000 at its Elk Grove, Illinois location directly
from points located outside the State of Illinois. We find
that the Respondent is an employer engaged in com-
merce within the meaning of Section 2(6) and (7) of the
Act and that the Union is a labor organization within the
meaning of Section 2(5) of the Act.
II. ALLEGED UNFAIR LABOR PRACTICES
A. The Certification
Following the election held November 15 and 16,
2000, the Union was certified on March 15, 2001, as the
exclusive collective-bargaining representative of the em-
ployees in the following appropriate unit:
All full-time and regular part -time production, mainte-
nance, and warehouse employees, including Heidelberg
Press Operators, Inventory, Mechanics, Mechanics’
helpers, Platform People, Shipping and Receiving,
Truck Drivers, Video Jet Operators, and Lead People,
but excluding all foremen, salesmen, executive em-
ployees, office clericals and guards, professional em-
ployees and supervisors as d efined in the Act.

3 The Board’s Decision on Review of the Regional Direct or’s Deci-
sion and Order is published at 332 NLRB No. 35 (2000).
DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD 2
The Union continues to be the exclusive representative
under Section 9(a) of the Act.
B. Refusal to Bargain
Since May 1, 2001, the Union has requested the Re-
spondent to bargain and, since May 4, 2001, the Respon-
dent has refused. We find that this refusal constitutes an
unlawful refusal to bargain in violation of Section 8(a)(5)
and (1) of the Act.
CONCLUSION OF LAW
By refusing on and after May 4, 2001, to bargain with
the Union as the exclusive collective-bargaining repre-
sentative of employees in the appropriate unit, the Re-
spondent has engaged in unfair labor practices affecting
commerce within the meaning of Section 8(a)(5) and (1)
and Section 2(6) and (7) of the Act.
REMEDY
Having found that the Respondent has violated Section
8(a)(5) and (1) of the Act, we shall order it to cease and
desist, to bargain on request with the Union and, if an
understanding is reached, to embody the understanding
in a signed agreement.
To ensure that the employees are accorded the services
of their selected bargaining agent for the period provided
by the law, we shall construe the initial period of the cer-
tification as beginning the date the Respondent begins to
bargain in good faith with the Union. Mar-Jac Poultry
Co., 136 NLRB 785 (1962); Lamar Hotel, 140 NLRB
226, 229 (1962), enfd. 328 F.2d 600 (5th Cir. 1964), cert.
denied 379 U.S. 817 (1964); Burnett Construction Co.,
149 NLRB 1419, 1421 (1964), enfd. 350 F.2d 57 (10th
Cir. 1965).
ORDER
The National Labor Relations Board orders that the
Respondent, Deutsche Post Global Mail, Ltd., formerly
known as Yellowstone International Mailing, Inc., a
wholly owned subsidiary of Deutsche Post, Elk Grove
Village, Illinois, its officers, agents, successors, and as-
signs, shall
1. Cease and desist from
(a) Re fusing to bargain with Manufacturing, Produc-
tion & Service Workers Union, Local No. 24, AFL–CIO,
as the exclusive bargaining representative of the employ-
ees in the bargaining unit.
(b) In any like or related manner interfering with, re-
straining, or coercing employees in the exercise of the
rights guaranteed them by Section 7 of the Act.
2. Take the following affirmative action necessary to
effectuate the policies of the Act.
(a) On request, bargain with the Union as the exclusive
representative of the employees in the following appro-
priate unit on terms and conditions of employment, and if
an understanding is reached, embody the understanding
in a signed agreement:
All full-time and regular part -time production, mainte-
nance, and warehouse employees, including Heidelberg
Press Operators, Inventory, Mechanics, Mechanics’
helpers, Platform People, Shipping and Receiving,
Truck Drivers, Video Jet Operators, and Lead People,
but excluding all foremen, salesmen, executive em-
ployees, office clericals and guards, pro fessional em-
ployees and supervisors as d efined in the Act.
(b) Within 14 days after service by the Region, post at
its facility in Elk Grove Village, Illinois, copies of the
attached notice marked “Appendix.”4 Copies of the no-
tice, on forms provided by the Regional Director for Re-
gion 13 after being signed by the Respondent’s author-
ized representative, shall be posted by the Respondent
and maintained for 60 consecutive days in conspicuous
places including all places where notices to employees
are customarily posted. Reasonable steps shall be taken
by the Respondent to ensure that the notices are not al-
tered, defaced, or covered by any other material. In the
event that, during the pendency of these proceedings, the
Respondent has gone out of business or closed the facil-
ity involved in these proceedings, the Respondent shall
duplicate and mail, at its own expense, a copy of the no-
tice to all current employees and former employees em-
ployed by the Respondent at any time since May 4, 2001.
(c) Within 21 days after service by the Region, file
with the Regional Director a sworn certification of a re -
sponsible official on a form provided by the Region at-
testing to the steps that the Respondent has taken to
comply.
Dated, Washington, D.C. July 27, 2001

Peter J. Hurtgen, Chairman

Wilma B. Liebman, Member

John C. Truesdale, Member

(SEAL) NATIONAL LABOR RELATIONS BOARD

4 If this Order is enforced by a judgment of a United States Court of
Appeals, the words in the notice reading “Posted by Order of the Na-
tional Labor Relations Board” shall read “Posted Pursuant to a Judg-
ment of the United States Court of Appeals Enforcing an Order of the
National Labor Relations Board.”
DEUTSCHE POST GLOBAL MAIL LTD. 3
APPENDIX
NOTICE TO EMPLOYEES
POSTED BY ORDER OF THE
NATIONAL LABOR RELATIONS BOARD
An Agency of the United States Government

The National Labor Relations Board has found that we vio-
lated the National Labor Relations Act and has ordered us to
post and abide by this notice.
WE WILL NOT refuse to bargain with Manufacturing,
Production & Service Workers Union, Local No. 24,
AFL–CIO, as the exclusive representative of the employ-
ees in the bargaining unit.
WE WILL NOT in any like or related manner interfere
with, restrain, or coerce you in the exercise of the rights
guaranteed you by Section 7 of the Act.
WE WILL, on request, bargain with the Union and put
in writ ing and sign any agreement reached on terms and
conditions of employment for our employees in the bar-
gaining unit:

All full-time and regular part -time production, mainte-
nance, and warehouse employees, including Heidelberg
Press Operators, Inventory, Mechanics, Mechanics’
helpers, Platform People, Shipping and Receiving,
Truck Drivers, Video Jet Operators, and Lead People,
but excluding all foremen, salesmen, executive em-
ployees, office clericals and guards, professional em-
ployees and supervisors as d efined in the Act.

DEUTSCHE POST GLOBAL MAIL, LTD., FORMERLY
KNOWN AS YELLOWSTONE INTERNATIONAL
MAILING, INC., A WHOLLY OWNED SUBSIDIARY
OF DEUTSCHE POST