Local 307 National Postal Mailhandlers (United States Postal Service)

National Labor Relations Board - Unpublished Board Decisions

Jun 10, 2010

07-CB-016533 (N.L.R.B. Jun. 10, 2010)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
LOCAL 307, NATIONAL POSTAL MAIL HANDLERS
UNION, A DIVISION OF THE LABORERS'
INTERNATIONAL UNION OF NORTH AMERICA
(UNITED STATES POSTAL SERVICE)
and Case 7-CB-16533
DANA ROBINSON
and Case 7-CB-1 6537
DORIS OWENS
DECISION AND ORDER
Statement of the Cases
On April 1, 2010, Local 307, National Postal Mail Handlers Union, a Division of
the Laborers' International Union of North America (the Respondent), Dana Robinson,
(Charging Party Robinson), Doris Owens (Charging Party Owens), and the General
Counsel of the National Labor Relations Board entered into a Formal Settlement
Stipulation, subject to the Board's approval, providing for the entry of a consent order by
the Board and a consent judgment by any appropriate United States Court of Appeals.
The parties waived all further and other proceedings before the Board to which they
(nay be entitled under the National Labor Relations Act, as amended, and the Board's
Rules and Regulations, and the Respondent waived its right to contest the entry of a
consent judgment or to receive further notice of application therefor.
The National Labor Relations Board has delegated its authority in this proceeding
to a three-member panel.
The Formal Settlement Stipulation is approved and made a part of the record,
and the proceeding is transferred to and continued before the Board in Washington,
D.C., for the entry of a Decision and Order pursuant to the provisions of the Formal
Settlement Stipulation.
Based on the Formal Settlement Stipulation and the entire record, the Board
makes the following
Findings of Fact
1. The Employer's Business
The United States Postal Service (the Employer) provides postal services for the
United States and operates various facilities throughout the United States in the
performance of that function, including its facility at 1401 West Fort Street, Detroit,
Michigan, the only facility involved in this proceeding.
The Board has jurisdiction over the Employer and this matter by virtue of Section
1209 of the Postal Reorganization Act.
2. The labor organization involved
At all material times, the Respondent has been a labor organization within the
meaning of Section 2(5) of the National Labor Relations Act.
At all material times, the National Postal Mail Handlers Union, a Division of the
Laborers' International Union of North America (the International Union) has been the
exclusive collective-bargaining representative of the unit of which the Charging Parties
are members.
At all material times, the Respondent has been the servicing agent of the
International Union at the Employer's facility at 1401 West Fort Street in Detroit,
Michigan, at which Charging Party Robinson works and at which Charging Party Owens
worked until about August 3, 2008.
3. Conduct at issue
On about February 2, 2009, Charging Party Owens orally requested from the
Respondent a copy of a class action grievance settlement regarding the crossing of
crafts at the Employer's West Fort Street facility.
On about March 9, 2009, Charging Party Owens requested, by certified letter,
from the Respondent a copy of the class action grievance settlement described above.
On about March 22, 2009, Charging Party Robinson orally requested from the
Respondent a copy of his March 2009 suspension grievance as well as the right to
retain his grievance rough drafts.
On about March 22, 2009, the Respondent, by its agent Renee Dickenson, told
Charging Party Robinson that he could not have a copy of the grievance he had filed
over his suspension because the grievance was the property of the Respondent and
went into his grievance file.
Since about February 2, 2009, the Respondent has failed and refused to provide
Charging Party Owens the information she requested.
Since about March 22, 2009, the Respondent has failed and refused to provide
Charging Party Robinson the information he requested.
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ORDER
Based on the above findings of fact, the Formal Settlement Stipulation, and the
entire record, and pursuant to Section 10(c) of the National Labor Relations Act, as
amended, the National Labor Relations Board orders that the Respondent, Local 307,
National Postal Mail Handlers Union, a Division of the Laborers' International Union of
North America, its officers, agents, and representatives, shall
1. Cease and desist from
(a) Telling employees that they cannot have copies of grievances they have filed
because grievances are the property of the Respondent and went into the grievance
files.
(b) Failing and refusing to provide, on request, copies of grievances and other
requested relevant information from grievance files to employees whom it represents in
the following appropriate unit:
All full-time and regular part-time mail handlers, employed by the
Employer at various facilities throughout the United States; but excluding
professional employees, employees engaged in personnel work in other
than a purely non-confidential clerical capacity, security guards as defined
in Public Law 91-375, 1201(2), post[al] inspection service employees,
employees in the supplemental work force, rural letter carriers, city letter
carriers, maintenance employees, special delivery messengers, motor
vehicle employees, postal clerks, mail equipment shops employees and
material distribution centers employees, managerial employees, and
supervisors as defined in the Act.
(c) In any like or related manner, restraining or coercing employees in the
exercise of the rights guaranteed in Section 7 of the National Labor Relations Act.
2. Take the following affirmative action necessary to effectuate the policies of the
Act.
(a) Furnish to Charging Party Doris Owens a copy of the class action grievance
settlement regarding the crossing of crafts at the Employer's West Fort Street facility.
(b) Furnish to Charging Party Dana Robinson a copy of his suspension
grievance and allow him to retain copies of his grievance rough drafts.
(c) On request, timely provide to employees whom the Respondent represents
copies of grievances and other requested relevant information from their grievance files.
(d) Within 14 days of service by the Region, post at its Detroit, Michigan, facility,
and provide for posting by the Employer, if it is willing to do so, copies of the attached
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notice. Copies of the notice, on forms provided by Region 7, after being signed by the
Respondent's authorized representative, shall be posted by the Respondent and
maintained for 60 consecutive days in conspicuous places, including all places where
notices to employees and members are customarily posted. The Respondent will take
reasonable steps to ensure that the notices are not altered, defaced, or covered by any
other material.
(e) Within 21 days after service by the Region, file with the Regional Director a
sworn certification by a responsible official on a form provided by the Region attesting to
the steps that the Respondent has taken to comply.
Dated, Washington, D.C., June 10, 2010.
Peter C. Schaumber, Member
Craig Becker, Member
Mark Gaston Pearce, Member
(SEAL) NATIONAL LABOR RELATIONS BOARD
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NOTICE TO EMPLOYEES AND MEMBERS
Posted by Order of the
National Labor Relations Board
An Agency of the United States Government
PURSUANT TO A STIPULATION PROVIDING FOR A BOARD ORDER AND A
CONSENT JUDGMENT OF ANY APPROPRIATE UNITED STATES COURT OF
APPEALS
We are posting this Notice to inform you of your rights guaranteed by the National Labor
Relations Act, as amended, and we give you these assurances.
FEDERAL LAW GIVES YOU THE RIGHT TO
Form, join or assist a union
Choose representatives to bargain with the Employer on your behalf
Act together with other employees for your benefit and protection
Choose not to engage in any of these protected activities.
We assure you that:
WE WILL NOT do anything that restrains or coerces you in the exercise of these rights.
WE WILL NOT inform employees that they could not have copies of grievances that
they filed because the grievances are property of Local 307, National Postal Mail
Handlers Union, a Division of the Laborers' International Union of North America (the
Union) and went into the grievance files.
WE WILL NOT fail or refuse to provide, upon request, copies of grievances and other
requested relevant information from grievance files to employees whom we represent in
the following appropriate Unit described below:
All full-time and regular part-time mail handlers, employed by the United States
Postal Service at various facilities throughout the United States; but excluding
professional employees, employees engaged in personnel work in other than a
purely non-confidential clerical capacity, security guards as defined in Public Law
91-375, 1201(2), postfall inspection service employees, employees in supplemental
work force, rural letter carriers, city letter carriers, maintenance employees, special
delivery messengers, motor vehicle employees, postal clerks, mail equipment shops
employees and material distribution centers employees, managerial employees, and
supervisors as defined in the Act.
WE WILL NOT in any like or related manner restrain or coerce employees in the
exercise of the rights guaranteed in Section 7 of the National Labor Relations Act.
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WE WILL furnish Doris Owens a copy of the class action grievance settlement
regarding the crossing of crafts at the United States Postal Service's West Fort Street
facility.
WE WILL furnish Dana Robinson a copy of his suspension grievance and
WE WILL allow him to retain copies of his grievance rough drafts.
WE WILL, upon request, timely provide to employees whom we represent copies of
grievances and other requested relevant information from their grievance files.
LOCAL 307, NATIONAL POSTAL MAIL
HANDLERS UNION, A DIVISION OF THE
LABORERS' INTERNATIONAL UNION OF
NORTH AMERICA
(Union)
Dated B
(Name) (Title)
The National Labor Relations Board is an independent Federal agency created in 1935
to enforce the National Labor Relations Act. It conducts secret ballot elections to
determine whether employees want union representation and it investigates and
remedies unfair labor practices by employers and unions. To find out more about your
rights under the Act and how to file a charge or election petition, you may speak
confidentially to any agent with the Board's Regional Office set forth below. You may
.31so obtain information from the Board's website: www.nirb.gov.
477 Michigan Avenue, Room 300, Patrick V; McNamara Federal Building,
Detroit, Michigan 48226
Telephone (313) 226-3200. Hours of Operation: 8:15 a.m. to 4:45 p.m.
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