UNITED STATES POSTAL SERVICE

National Labor Relations Board - Unpublished Board Decisions

Jan 3, 2018

01-CA-186158 (N.L.R.B. Jan. 3, 2018)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
UNITED STATES POSTAL SERVICE
and Case 01-CA-186158
NATIONAL MAIL HANDLERS UNION,
BRANCH 83, LOCAL 301, a/w LABORERS’
INTERNATIONAL UNION OF NORTH AMERICA
DECISION AND ORDER
Statement of the Case
On August 9, 2017, the United States Postal Service (the Respondent), National
Mail Handlers Union, Branch 83, Local 301, a/w Laborers’ International Union of North
America (the Union or Local 301), and the General Counsel of the National Labor
Relations Board entered into a Formal Settlement Stipulation, subject to Board
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 may be entitled under the
National Labor Relations Act 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 the 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.1

1 We note that the remedy to which the parties have agreed differs in some respects
from previous broad orders that the Board has issued against the Respondent in cases
alleging that the Respondent has violated Sec. 8(a)(5) of the Act by failing and refusing
to provide relevant information. See, e.g., United States Postal Service, 345 NLRB 426
(2005), enfd. 486 F.3d 683 (10th Cir. 2007); United States Postal Service, 28-CA-
017383 et al., unpublished order issued November 4, 2002, enfd. Case 02-9587 (10th
Cir. 2003). These broad orders, as enforced by the United States Courts of Appeals,
remain in effect, and the Board’s approval of this stipulation does not modify these
orders in any respect.
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Based on the Formal Settlement Stipulation and the entire record, the Board
makes the following
Findings of Fact
1. The Respondent’s business
The Respondent provides postal services for the United States and operates
various facilities throughout the United States in the performance of that function,
including a facility located at 10 Celina Avenue, Nashua, New Hampshire (the Nashua,
New Hampshire facility). The Board has jurisdiction over the Respondent and these
matters by virtue of Section 1209 of the Postal Reorganization Act (39 U.S.C. § 101 et
seq.).
2. The labor organization involved
National Mail Handlers Union, a/w Laborers’ International Union of North America
and the Union are labor organizations within the meaning of Section 2(5) of the Act.
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, the
National Labor Relations Board orders that:
The Respondent, United States Postal Service, Nashua, New Hampshire, its
officers, agents, successors, and assigns, shall
1. Cease and desist from
(a) Failing or refusing to bargain collectively and in good faith with National Mail
Handlers Union, Branch 83, Local 301, a/w Laborers’ International Union of North
America by failing to supply Local 301 with requested information in a timely manner
that is necessary for, and relevant to its performance as the employees’ bargaining
agent, at its Nashua, New Hampshire facility, in the following unit:
All employees designated as Mail Handlers and defined in Articles 1 and
7, entitled "Union Recognition" and "Employee Classifications,"
respectively, of the National Agreement between the Union and
Respondent.
(b) In any like or related manner interfering with, restraining, or coercing
employees at the Nashua, New Hampshire facility in the exercise of the rights
guaranteed them by Section 7 of the National Labor Relations Act.
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2. Take the following affirmative action necessary to effectuate the policies of the
Act.
(a) Bargain collectively and in good faith with Local 301, the exclusive collective-
bargaining representative of the Local 301 unit at the Nashua, New Hampshire facility.
(b) Supply Local 301 in a timely manner with requested information that is
necessary for, and relevant to, Local 301’s representation of the employees in the Local
301 unit at the Nashua, New Hampshire facility; and if the requested information does
not exist, promptly inform Local 301 of that fact.
(c) Conduct training for its managers at the Nashua, New Hampshire facility on
the legal requirements of responding to information requests filed by the Union.
(d) Within 14 days of service by the Region, (1) post at the Nashua, New
Hampshire facility and (2) send to all its managers and supervisors at the Nashua, New
Hampshire facility, copies of the attached notice marked "Appendix A." Copies of the
notice, on forms provided by the Region, after being signed by the Respondent's
authorized representative, shall be posted by the Respondent and maintained for 60
consecutive days in conspicuous places at its Nashua, New Hampshire facility,
including all places where notices to employees are customarily posted. The
Respondent will take reasonable steps to ensure that the notices are not altered,
defaced, or covered by any other material. In addition to physical posting of paper
notices, notices shall be distributed electronically, such as by email, posting on an
intranet or an internet site, and/or other electronic means, if the Respondent customarily
communicates with its employees by such means.
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(e) Within 21 days after service by the Region, file with the Regional Director for
Region 1 a sworn certification of 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., January 3, 2018
___________________________________
Mark Gaston Pearce, Member
___________________________________
Lauren McFerran, Member
___________________________________
William J. Emanuel, Member
(SEAL) NATIONAL LABOR RELATIONS BOARD
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APPENDIX A
NOTICE TO EMPLOYEES
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
FEDERAL LAW GIVES YOU THE RIGHT TO:
ï‚· Form, join, or assist a union
ï‚· Bargain collectively through a representative chosen by employees
ï‚· Act together with other employees for your benefit and protection
ï‚· Choose not to engage in any of these protected activities
WE WILL NOT fail or refuse to bargain collectively and in good faith with National Mail
Handlers Union, Branch 83, Local 301, a/w Laborers' International Union of North
America (the Union), by failing to provide the Union in a timely manner with requested
information that is necessary for, and relevant to, the Union's representation of the
employees, as the employees' bargaining agents, in the following unit (the unit):
All employees designated as Mail Handlers and defined in Articles 1 and
7, entitled "Union Recognition" and "Employee Classifications,"
respectively, of the National Agreement between the Union and
Respondent.
WE WILL NOT in any like or related manner interfere with, restrain or coerce
employees in the exercise of your rights under Federal Law listed above.
WE HAVE PROVIDED the Union with the information it requested about June 20, 2016,
concerning the information used in making the determination to abolish the Shape Sort
Jobs at the Nashua, New Hampshire, facility.
WE WILL provide training to managers at the Nashua, New Hampshire facility on the
legal requirements of responding to information requests filed by the Union.
UNITED STATES POSTAL SERVICE
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The Board’s decision can be found at www.nlrb.gov/case/01-CA-186158 or by using the
QR code below. Alternatively, you can obtain a copy of the decision from the Executive
Secretary, National Labor Relations Board, 1015 Half Street, S.E., Washington, D.C.
20570, or by calling (202) 273-1940.