United States Postal Service

National Labor Relations Board - Unpublished Board Decisions

Aug 18, 2017

28-CA-175106 (N.L.R.B. Aug. 18, 2017)

UNITED STATES OF AMERICA
NATIONAL LABOR RELATIONS BOARD
UNITED STATES POSTAL SERVICE
and Case 28-CA-175106
RICHARD SANTIAGO
ORDER1
The Respondent’s Motion to Dismiss is denied. The Respondent has failed to
demonstrate that the specified complaint allegations are barred by the informal
settlement agreement in Case 14-CA-1342752 or that other allegations exceed the
scope of the charge. In addition, the Respondent’s contention that some complaint
allegations are also the subject of the proceeding in Cases 16-CA-150064 et al. does
not constitute grounds for dismissal of the allegations in this proceeding at this time.3
Dated, Washington, D.C., August 18, 2017
PHILIP A. MISCIMARRA, CHAIRMAN
MARK GASTON PEARCE, MEMBER
LAUREN McFERRAN, MEMBER

1 The National Labor Relations Board has delegated its authority in this proceeding to a
three-member panel.
2 Although the May 2015 informal settlement agreement prevents the General Counsel
from alleging that maintenance of ELM 665.16 violates the Act under the “reasonably
construe” prong of Lutheran Heritage Village-Livonia, it does not preclude litigation over
whether ELM 665.16 has been unlawfully applied, post settlement, to restrict employees
in the exercise of their Sec. 7 rights. See Lutheran Heritage Village-Livonia, 343 NLRB
646, 647 (2004).
3 By unpublished order dated today, the Board denies the Respondent’s motion to
consolidate this proceeding with the proceeding in Cases 16-CA-150064 et al.