United States Postal ServiceDownload PDFNational Labor Relations Board - Unpublished Board DecisionsAug 18, 201728-CA-175106 (N.L.R.B. Aug. 18, 2017) Copy Citation UNITED STATES OF AMERICA NATIONAL LABOR RELATIONS BOARD UNITED STATES POSTAL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 See Lutheran Heritage Village-Livonia, 343 NLRB 646, 647 (2004). 3 By unpublished order dated today, the Board denies the Respondent’s motion to consolidate this proceeding with the proceeding in Cases 16-CA-150064 et al. Copy with citationCopy as parenthetical citation