United States Postal Service

National Labor Relations Board - Unpublished Board Decisions

Oct 19, 2018

28-CA-200369 (N.L.R.B. Oct. 19, 2018)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
UNITED STATES POSTAL SERVICE
and Cases 28-CA-200369
28-CA-200383
AMERICAN POSTAL WORKERS UNION, 28-CA-200391
LOCAL 380, AFL-CIO 28-CA-201087
28-CA-201090
28-CA-201099
28-CA-201104
28-CA-202180
28-CA-202207
28-CA-202217
28-CA-202257
28-CA-202264
28-CA-202314
28-CA-202752
28-CA-202771
28-CA-202783
28-CA-203908
28-CA-203913
28-CA-203957
28-CA-203975
28-CA-204162
28-CA-204169
28-CA-204376
28-CA-205049
28-CA-205257
28-CA-205561
28-CA-208380
28-CA-210464
28-CA-210533
28-CA-210650
28-CA-212893
AMERICAN POSTAL WORKERS UNION, Cases 28-CA-207563
NEW MEXICO STATE APWU, AFL-CIO 28-CA-217521
2
DECISION AND ORDER
Statement of the Cases
On July 10, 2018, the United States Postal Service (the Respondent); American
Postal Workers Union, Local 380, AFL-CIO; American Postal Workers Union, New
Mexico State APWU, AFL-CIO; 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 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.1
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.2
Based on the Formal Settlement Stipulation and the entire record, the Board
makes the following
Findings of Fact
1. The Respondent’s business
(a) The United States Postal Service (the Respondent) provides postal services
for the United States and operates various facilities throughout the United States in the
performance of that function, including its facility located at 1010 Industrial Park Road,
Espanola, New Mexico (the Espanola facility), its facility located in Rio Rancho, New

1 Chairman Ring is recused and took no part in the consideration of this case.
2 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 Court 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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Mexico (the Rio Rancho facility), and Albuquerque, New Mexico, including facilities
located at 201 5th Street SW (the Downtown facility), 1135 Broadway Boulevard NE
(the Main Office Carrier Annex facility), 6255 San Antonio Drive NE (the Academy
facility), 110 Montano Road NE (the North Valley Carrier Annex facility), 4600 Paradise
Boulevard NW (the Pino facility), 2100 George Road SE (the Airport facility), 2505
Graceland Drive NE (the Uptown facility), 424 Veranda Road NW (the North Valley
Finance facility), 13101 Lomas Boulevard NE (the Foothill facility), and 1050 Sunset
Road SW (the Five Points facility) (the facilities).
(b) The Board has jurisdiction over the Respondent and this matter by virtue of
Section 1209 of the Postal Reorganization Act (PRA), 39 U.S.C. § 101 et seq.
2. The labor organizations involved
The American Postal Workers Union, Local 380, AFL-CIO (APWU, Local 380);
American Postal Workers Union New Mexico State, AFL-CIO (APWU New Mexico); and
American Postal Workers Union, AFL-CIO (National Union) are labor organizations
within the meaning of Section 2(5) of the Act.
3. The appropriate unit
The employees of the Respondent (the Unit) as described in Article 1, Section 1
of the collective-bargaining agreement described below, constitute a unit appropriate for
the purposes of collective bargaining within the meaning of Section 9(b) of the Act and
Chapter 12 of the PRA.
At all material times since at least about July 21, 1973, the National Union has
been the designated exclusive collective-bargaining representative of the Unit and has
been recognized as the representative by the Respondent. This recognition has been
embodied in successive collective-bargaining agreements, the most recent of which is
effective from May 21, 2015 through September 20, 2018 (the Agreement).
At all material times since at least about July 21, 1973, the National Union, based
on Section 9(a) of the Act and Section 10(a) of the PRA, has been the exclusive
collective-bargaining representative of the Unit.
The National Union has designated APWU, Local 380 as its designee for the
purpose of conducting certain of its functions as the exclusive collective-bargaining
representative of the Unit, including, but not limited to, the filing and processing of
grievances under the Agreement at the Respondent’s Albuquerque facilities.
The National Union has designated APWU New Mexico as its designee for the
purpose of conducting certain of its functions as the exclusive collective-bargaining
representative of the Unit, including, but not limited to, the filing and processing of
grievances under the Agreement at the Respondent’s New Mexico facilities.
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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, the
National Labor Relations Board orders that:
The Respondent, United States Postal Service, Albuquerque, Espanola, and
Rio Rancho, New Mexico, its officers, agents, successors, and assigns, shall
1. Cease and desist at the Respondent’s facilities from
(a) Failing and refusing to provide, or unreasonably delaying in providing,
APWU, Local 380 with requested information that is necessary for and relevant to
APWU, Local 380’s performance of its duties as the exclusive collective-bargaining
representative of the Albuquerque unit.
(b) Making changes to the wages, hours, and other terms and conditions of
employment of employees in the Albuquerque Unit, without notifying APWU, Local 380
or affording APWU, Local 380 an opportunity to bargain with respect to its conduct
and/or the effects of its conduct, including by shutting down the facsimile machines at its
North Valley Carrier Annex, Academy, Five Points, Foothill, or Pino facilities.
(c) Failing and refusing to provide, or unreasonably delaying in providing,
APWU New Mexico with requested information that is necessary for and relevant to the
APWU New Mexico’s performance of its duties as the exclusive bargaining
representative of the New Mexico unit.
(d) In any like or related manner interfering with, restraining, or coercing its
employees in the exercise of their Section 7 rights.
2. Take the following affirmative action necessary to effectuate the policies of
the Act.
(a) Within 14 days from the date of the Board’s Order or an order of a court of
appeals, furnish APWU, Local 380 with the information it requested on April 6, 2017, in
writing, seeking copies of the Annual Box Section (Facility) Reports from 2008 through
2016.
(b) Within 14 days from the date of the Board’s Order or an order of a court of
appeals, furnish APWU, Local 380 with the information it requested on April 7, 2017, in
writing, seeking copies of the original duty assignment posting for ALL clerk bid jobs
with split days off in the Albuquerque Installation.
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(c) Within 14 days from the date of the Board’s Order or an order of a court of
appeals, furnish APWU, Local 380 with the information it requested on April 7, 2017, in
writing, seeking copies of the present-day duty assignment posting for ALL clerk bid
jobs with split days off in the Albuquerque Installation.
(d) Within 14 days from the date of the Board’s Order or an order of a court of
appeals, furnish APWU, Local 380 with the information it requested on April 8, 2017, in
writing, seeking copies of all Mystery Shopper Reports for the North Valley Finance
from January 2010 through March 31, 2017.
(e) Within 14 days from the date of the Board’s Order or an order of a court of
appeals, furnish APWU, Local 380 with the information it requested on April 8, 2017, in
writing, seeking copies of all Mystery Shopper Reports for ALL retail stations – to
include POE’s – for the Albuquerque Installation from January 10, 2010 through March
31, 2017.
(f) Within 14 days from the date of the Board’s Order or an order of a court of
appeals, furnish APWU, Local 380 with the information it requested on April 8, 2017, in
writing, seeking copies of all reports and surveys generated from the
http://postalexperience.com or the 1-800-410-7420 as well as the “scan code for mobile
device” for the North Valley Finance from January 2010 through March 31, 2017.
(g) Within 14 days from the date of the Board’s Order or an order of a court of
appeals, furnish APWU, Local 380 with the information it requested on April 8, 2017, in
writing, seeking copies of all reports and surveys generated from the
http://postalexperience.com or the 1-800-410-7420 as well as the “scan code for mobile
device” for all retail stations – to include POE’s – in the Albuquerque Installation from
January 2010 through March 31, 2017.
(h) (1) Within 14 days from the date of the Board’s Order or an order of a
court of appeals, the Respondent will request in writing that National Association of
Letter Carriers, Sunshine Branch 504, AFL-CIO (NALC, Branch 504) request that the
following carriers sign waivers for the Respondent to release their physician’s reports to
APWU, Local 380 and that NALC, Branch 504 provide any waivers signed by such
carriers to the Respondent: Robert Geiger, Robert Chavira, Dee Dee Gonzales, William
Roth, Shelly Sandoval, Maria Breaux-Gonzalez, Sandra Olguin, Janice Springer, and
Leonard Rodrigues (the Carriers). The Respondent will provide NALC, Branch 504
waiver forms for the Carriers to sign. The Respondent will provide APWU, Local 380
and the Region with a copy of its written request to NALC, Branch 504 and any
subsequent communications with NALC, Branch 504 about the request. If the
Respondent receives waivers from any of the Carriers, the Respondent will, within 3
days of obtaining the waivers, furnish copies of the physician’s reports for the Carriers
who signed the waivers to APWU, Local 380.
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(2) If, within 30 days from the date of the Board’s Order or an order of a
court of appeals, the Respondent has not received waivers from some or all of
the Carriers, the Respondent will request in writing that the Department of Labor
Office of Workers Compensation Programs (OWCP) furnish APWU, Local 380
with physician’s reports for the Carriers or authorize the Respondent to release
physician’s reports for the Carriers to APWU, Local 380. The Respondent will
provide APWU, Local 380 and the Region with a copy of its written request to
OWCP and any subsequent communications with OWCP about the request. If
OWCP authorizes the Respondent to release the physician’s reports for the
Carriers to APWU, Local 380, the Respondent will, within 3 days of receiving
such authorization, furnish copies of the physician’s reports to APWU, Local 380.
(3) If, within 45 days from the date of the Board’s Order or an order of a
court of appeals, the Respondent has not received waivers from some or all of
the Carriers and OWCP has not furnished APWU, Local 380 with physician’s
reports for the Carriers or authorized the Respondent to release such documents
to APWU, Local 380, the Respondent will request in writing that OWCP furnish
APWU, Local 380 with physician’s reports for the Carriers that have been
redacted to remove all identifying information (deidentified physician’s reports) or
authorize the Respondent to release deidentified physician’s reports for the
Carriers to APWU, Local 380. The Respondent will provide APWU, Local 380
and the Region with a copy of its written request to OWCP and any subsequent
communications with OWCP about the request. If OWCP authorizes the
Respondent to release deidentified physician’s reports for the Carriers to APWU,
Local 380, the Respondent will, within 3 days of receiving such authorization,
furnish copies of the deidentified physician’s reports to APWU, Local 380.
(4) If, within 60 days from the date of the Board’s Order or an order of a
court of appeals, the Respondent has not received waivers from some or all of
the Carriers and OWCP has not furnished APWU, Local 380 with physician’s
reports or deidentified physician’s reports for the Carriers to APWU, Local 380 or
authorized the Respondent to release such documents to APWU, Local 380, the
Respondent will request in writing that OWCP furnish APWU, Local 380 with
copies of Form CA-17 for the Carriers or authorize the Respondent to release
copies of Form CA-17 for the Carriers to APWU, Local 380. The Respondent will
provide APWU, Local 380 and the Region with a copy of its written request to
OWCP and any subsequent communications with OWCP about the request. If
OWCP authorizes the Respondent to release copies of Form CA-17 for the
Carriers to APWU, Local 380, the Respondent will, within 3 days of receiving
such authorization, furnish copies of Form CA-17 for the Carriers to APWU, Local
380.
(5) If, within 75 days from the date of the Board’s Order or an order of a
court of appeals, the Respondent has not received waivers from some or all of
the Carriers and OWCP has not furnished APWU, Local 380 with physician’s
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reports or deidentified physician’s reports for the Carriers or copies of Form CA-
17 for the Carriers to APWU, Local 380 or authorized the Respondent to release
such documents to APWU, Local 380, the Respondent will then follow the steps
laid out in the Memorandum of Understanding between the Respondent, the
National Labor Relations Board, and the Department of Labor, executed on
November 22, 2017, in responding to the request of APWU, Local 380 for
physician’s reports for the Carriers.
(i) Within 14 days from the date of the Board’s Order or an order of a court of
appeals, furnish APWU, Local 380 with the information it requested on May 25, 2017, in
writing, seeking a copy of the City-Wide 10-hour and 12-hour Overtime Desired List to
include the Plant and ASF regarding the second quarter of 2017.
(j) Within 14 days from the date of the Board’s Order or an order of a court of
appeals, furnish APWU, Local 380 with the information it requested on May 25, 2017, in
writing, seeking a copy of the Memorial Day Holiday schedule for North Valley Finance
and North Valley Carrier Annex or, if after conducting a diligent search Dallas Kingsbury
concludes that the information no longer exists, provide a sworn statement from Dallas
Kingsbury, which recites all steps taken to search for the information, including, but not
limited to, parties interviewed, facilities visited, databases searched, search terms used,
documents reviewed, the date upon which the information ceased to exist, and the
reason that the information no longer exists. This sworn statement will be provided to
the National Labor Relations Board and to APWU, Local 380.
(k) Within 14 days from the date of the Board’s Order or an order of a court of
appeals, furnish APWU, Local 380 with the information it requested on May 25, 2017, in
writing, seeking a copy of the Memorial Day Holiday Sign Up Sheet for North Valley
Finance and North Valley Carrier Annex, or, if after conducting a diligent search Dallas
Kingsbury concludes that the information no longer exists, provide a sworn statement
from Dallas Kingsbury, which recites all steps taken to search for the information,
including, but not limited to, parties interviewed, facilities visited, databases searched,
search terms used, documents reviewed, the date upon which the information ceased to
exist, and the reason that the information no longer exists. This sworn statement will be
provided to the National Labor Relations Board and to APWU, Local 380.
(l) Within 14 days from the date of the Board’s Order or an order of a court of
appeals, furnish APWU, Local 380 with the information it requested on June 23, 2017,
in writing, seeking the Installation Absence percentages for 2016 and 2017, or, if after
conducting a diligent search Dallas Kingsbury concludes that the information no longer
exists, provide a sworn statement from Dallas Kingsbury, which recites all steps taken
to search for the information, including, but not limited to, parties interviewed, facilities
visited, databases searched, search terms used, documents reviewed, the date upon
which the information ceased to exist, and the reason that the information no longer
exists. This sworn statement will be provided to the National Labor Relations Board and
to APWU, Local 380.
8
(m) Within 14 days from the date of the Board’s Order or an order of a court of
appeals, furnish APWU, Local 380 with the information it requested on June 27, 2017,
in writing, seeking:
(1) Copies of all discipline issued to Clerks working under Weisler, Robert
for “Failure to Follow Instructions” for 2016 and 2017. To include
“official discussions.”
(2) Copies of all EEOs initiated against Weisler, Robert for the last 10
years; and
(3) Copies of all discipline against Weisler, Robert for 2016 and 2017; and
(4) Copies of all discipline for “Failure to Follow Instructions” issued to all
supervisors and managers of the P&DC Albuquerque for 2016 and
2017.
(n) Within 14 days from the date of the Board’s Order or an order of a court of
appeals, furnish APWU, Local 380 with the information it requested on June 30, 2017,
and again on July 5, 2017, in writing, seeking:
(1) a copy of the Martin Luther King, Jr. Holiday Sign-up Schedule (2017);
and
(2) A copy of the Martin Luther King, Jr. Holiday Sign-Up Sheet (2017).
Or, if after conducting a diligent search Dallas Kingsbury concludes that the
information no longer exists, provide a sworn statement from Dallas Kingsbury, which
recites all steps taken to search for the information, including, but not limited to, parties
interviewed, facilities visited, databases searched, search terms used, documents
reviewed, the date upon which the information ceased to exist, and the reason that the
information no longer exists. This sworn statement will be provided to the National
Labor Relations Board and to APWU, Local 380.
(o) Within 14 days from the date of the Board’s Order or an order of a court of
appeals, furnish APWU, Local 380 with the information it requested on June 30, 2017,
and again on July 5, in writing, seeking a copy of the 10-hour/12-hour Clerk OTDL
regarding NVCA and NVF for the last quarter (October – December) of 2016.
(p) Within 14 days from the date of the Board’s Order or an order of a court of
appeals, furnish APWU, Local 380 with the information it requested on June 30, 2017,
and again on July 5, 2017, in writing, seeking copies of the PS 3972 for all Clerks at the
North Valley Carrier Annex (NVCA) and North Valley Finance (NVF) from January of
2017 to the present.
9
(q) Within 14 days from the date of the Board’s Order or an order of a court of
appeals, furnish APWU, Local 380 with the information it requested on June 30, 2017,
and again on July 5, 2017, in writing, seeking a copy of the upcoming 4th of July
Holiday Schedule for 2017 regarding North Valley Carrier Annex and the North Valley
Finance, or if the information no longer exists, notify the Union in writing that the
information no longer exists and the date upon which the information no longer existed.
(r) Within 14 days from the date of the Board’s Order or an order of a court of
appeals, furnish APWU, Local 380 with the information it requested on June 30, 2017,
and again on July 5, 2017, in writing, seeking a copy of the upcoming 4th of July
Holiday Sign-up Sheet for 2017 regarding North Valley Carrier Annex and the North
Valley Finance, or, if after conducting a diligent search Dallas Kingsbury concludes that
the information no longer exists, provide a sworn statement from Dallas Kingsbury,
which recites all steps taken to search for the information, including, but not limited to,
parties interviewed, facilities visited, databases searched, search terms used,
documents reviewed, the date upon which the information ceased to exist, and the
reason that the information no longer exists. This sworn statement will be provided to
the National Labor Relations Board and to APWU, Local 380.
(s) Within 14 days from the date of the Board’s Order or an order of a court of
appeals, furnish APWU, Local 380 with the information it requested on June 30, 2017,
and again on July 5, 2017, in writing, seeking a copy of the President’s Day Holiday
Schedule for 2017 regarding North Valley Carrier Annex and the North Valley Finance,
or, if after conducting a diligent search Dallas Kingsbury concludes that the information
no longer exists, provide a sworn statement from Dallas Kingsbury, which recites all
steps taken to search for the information, including, but not limited to, parties
interviewed, facilities visited, databases searched, search terms used, documents
reviewed, the date upon which the information ceased to exist, and the reason that the
information no longer exists. This sworn statement will be provided to the National
Labor Relations Board and to APWU, Local 380.
(t) Within 14 days from the date of the Board’s Order or an order of a court of
appeals, furnish APWU, Local 380 with the information it requested on June 30, 2017,
and again on July 5, 2017 in writing, seeking a copy of the President’s Day Holiday
Sign-up Sheet for 2017 regarding North Valley Carrier Annex and the North Valley
Finance, or, if after conducting a diligent search Dallas Kingsbury concludes that the
information no longer exists, provide a sworn statement from Dallas Kingsbury, which
recites all steps taken to search for the information, including, but not limited to, parties
interviewed, facilities visited, databases searched, search terms used, documents
reviewed, the date upon which the information ceased to exist, and the reason that the
information no longer exists. This sworn statement will be provided to the National
Labor Relations Board and to APWU, Local 380.
10
(u) Within 14 days from the date of the Board’s Order or an order of a court of
appeals, furnish APWU, Local 380 with the information it requested on July 5, 2017, in
writing, seeking copies of the TAC 800 R4 (Overtime and Leave Report) for all Clerks at
the NVCA and NVF from December 2, 2016 to the present.
(v) Within 14 days from the date of the Board’s Order or an order of a court of
appeals, furnish APWU, Local 380 with the information it requested on July 5, 2017, in
writing, seeking copies of the TAC 840 R4 (Weekly Hour Total Report) for all Clerks at
the NVCA and NVF from December 1, 2016 to the present.
(w) Within 14 days from the date of the Board’s Order or an order of a court of
appeals, furnish APWU, Local 380 with the information it requested on July 5, 2017, in
writing, seeking copies of the TAC 800 RA (SDO Overtime Report) at the NVCA and
NVF from December 1, 2016 to the present.
(x) Within 14 days from the date of the Board’s Order or an order of a court of
appeals, furnish APWU, Local 380 with the information it requested on July 19, 2017, in
writing, seeking a copy of the PS 1767 Report of Hazard, Unsafe Condition or Practice
of April 29, 2017 and filed May 28, 2017 (regarding the North Valley Finance (NVF)),
which contains both the “Supervisor’s Action” and “Approving Official’s Action,” or, if
after conducting a diligent search Dallas Kingsbury concludes that the information no
longer exists, provide a sworn statement from Dallas Kingsbury, which recites all steps
taken to search for the information, including, but not limited to, parties interviewed,
facilities visited, databases searched, search terms used, documents reviewed, the date
upon which the information ceased to exist, and the reason that the information no
longer exists. This sworn statement will be provided to the National Labor Relations
Board and to APWU, Local 380.
(y) Within 14 days from the date of the Board’s Order or an order of a court of
appeals, furnish APWU, Local 380 with the information it requested on July 19, 2017, in
writing, seeking a copy of the PS 1767 Report of Hazard, Unsafe Condition or Practice
of May 27, 2017 and filed May 28, 2017 (regarding the North Valley Finance (NVF)),
which contains both the “Supervisor’s Action” and “Approving Official’s Action,” or, if
after conducting a diligent search Dallas Kingsbury concludes that the information no
longer exists, provide a sworn statement from Dallas Kingsbury, which recites all steps
taken to search for the information, including, but not limited to, parties interviewed,
facilities visited, databases searched, search terms used, documents reviewed, the date
upon which the information ceased to exist, and the reason that the information no
longer exists. This sworn statement will be provided to the National Labor Relations
Board and to APWU, Local 380.
(z) Within 14 days from the date of the Board’s Order or an order of a court of
appeals, furnish APWU, Local 380 with the information it requested on July 20, 2017, in
writing, seeking:
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(1) Copies of NVF Box Scans 6-17-17 to 6-30-17;
(2) Copies of NVF Box Scans 7-1-17 to 7-21-17;
(3) Copy of PS 1767 Report of Hazard, Unsafe Condition or Practice of
May 23, 2017 and filed May 28, 2017, which contains both
“Supervisor’s Action” and “Approving Official’s Action;” and
(4) Copies of 22 Box Section Scans for July 29 through August 5, 2017
(aa) Within 14 days from the date of the Board’s Order or an order of a court of
appeals, furnish APWU, Local 380 with the information it requested on August 6, 2017,
in writing, seeking copies of any and all GATS Pay Adjustments regarding R.R.
Hodgson (EIN XXXXXXXX) for the years 2015-2016, or, if after conducting a diligent
search Dallas Kingsbury concludes that the information no longer exists, provide a
sworn statement from Dallas Kingsbury, which recites all steps taken to search for the
information, including, but not limited to, parties interviewed, facilities visited, databases
searched, search terms used, documents reviewed, the date upon which the
information ceased to exist, and the reason that the information no longer exists. This
sworn statement will be provided to the National Labor Relations Board and to APWU,
Local 380.
(bb) Within 14 days from the date of the Board’s Order or an order of a court of
appeals, furnish APWU, Local 380 with the information it requested on August 6, 2017,
in writing, seeking copies of the Clerk Sectional 10-hour and 12-hour Overtime Desired
List for the 1st, 2nd, and 3rd quarter 2017.
(cc) Within 14 days from the date of the Board’s Order or an order of a court of
appeals, furnish APWU, Local 380 with the information it requested on August 6, 2017,
in writing, seeking copies of the TAC 800 R3 (Overtime Alert Report) for ALL Clerks at
the Uptown Manager [sic] Station from December 1, 2016 to the present.
(dd) Within 14 days from the date of the Board’s Order or an order of a court of
appeals, furnish APWU, Local 380 with the information it requested on August 7, 2017,
in writing, seeking:
(1) A copy of the North Valley Finance *Box Section Scans for May 13
through June 10, 2017; and
(2) A copy of the North Valley Finance (NVF) *Box Section Scan for
August 7, 2017.
(ee) Within 14 days from the date of the Board’s Order or an order of a court of
appeals, furnish APWU, Local 380 with the information it requested on August 15, 2017,
in writing, seeking a copy of the PowerPoint Presentation conducted/utilized at the July
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29, 2017 Labor/Management Meeting, or, if after conducting a diligent search Dallas
Kingsbury concludes that the information no longer exists, provide a sworn statement
from Dallas Kingsbury, which recites all steps taken to search for the information,
including, but not limited to, parties interviewed, facilities visited, databases searched,
search terms used, documents reviewed, the date upon which the information ceased to
exist, and the reason that the information no longer exists. This sworn statement will be
provided to the National Labor Relations Board and to APWU, Local 380.
(ff) Within 14 days from the date of the Board’s Order or an order of a court of
appeals, furnish APWU New Mexico with the information it requested on August 28,
2017, in writing, seeking:
Copy of all TACs reports, showing all worked hours for all employees, beginning
January 01, through August 15, 2017. Please provide in CSV format, not PDF
format.
(gg) Within 14 days from the date of the Board’s Order or an order of a court of
appeals, furnish APWU New Mexico with the information it requested on March 7, 2018,
in writing, seeking a copy of employee everything TACs reports, showing all hours
worked for all Espanola and Fairview employees beginning September 16, 2017 to
present in CD format in both PDF and CSV format.
(hh) Upon request of the Union, resume the practice of not shutting down its
facsimile machines at its North Valley Carrier Annex, Academy, Five Points, Foothill, or
Pino facilities.
(ii) Within 14 days of service by the Region, post at its facilities located at 1010
Industrial Park Road, Espanola, New Mexico, 87532 (Espanola Facility); 900 Pinetree
Road SE, Rio Rancho, New Mexico, 87124 (Rio Rancho Facility); 201 5th Street SW,
Albuquerque, New Mexico, 87102 (Downtown Facility); 1135 Broadway Boulevard NE,
Albuquerque, New Mexico, 87101 (Main Office Facility); 6255 San Antonio Drive NE,
Albuquerque, New Mexico, 87109 (Academy Facility); 110 Montano Road NE,
Albuquerque, New Mexico 87107 (North Valley Carrier Annex Facility); 4600 Paradise
Boulevard NW, Albuquerque, New Mexico, 87114 (Pino Facility); 2100 George Road
SE, Albuquerque, New Mexico, 87106 (Airport Facility); 2505 Graceland Drive NE,
Albuquerque, New Mexico 87110 (Uptown Facility); 424 Veranda Road NW,
Albuquerque, New Mexico 87107 (North Valley Finance Facility); 13101 Lomas
Boulevard NE, Albuquerque, New Mexico 87123 (Foothill Facility); 1050 Sunset Road
SW, Albuquerque, New Mexico 87105 (Five Points Facility), copies of the attached
notice marked “Appendix A” in English, and any other languages deemed appropriate
by the Regional Director. Copies of the notices, on forms provided by Region 28, 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 are customarily posted. In addition to physical
posting of paper notices, the Respondent shall distribute notices electronically, by email,
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posting on an intranet or internet site, and/or other electronic means, if the Respondent
customarily communicates with its employees by such means. The Respondent will
take reasonable steps to ensure that the notices are not altered, 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 facilities involved in these
proceedings, the Respondent shall duplicate and mail, at its own expense, a copy of the
notice to all current employees and former employees employed by the Respondent at
any time since April 6, 2016.
(jj) Within 21 days after service by the Region, file with the Regional Director for
Region 28 of the Board 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., October 19, 2018
____________________________________
Lauren McFerran, Member
____________________________________
Marvin E. Kaplan, 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:
Form, join, or assist a union
Choose a representative to bargain with us on your behalf
Act together with other employees for your benefit and protection
Choose not to engage in any of these protected activities.
WE WILL NOT do anything to prevent you from exercising the above rights.
WE WILL NOT refuse to provide APWU, Local 380 with information that is relevant and
necessary to its role as your bargaining representative.
WE WILL NOT refuse to provide APWU New Mexico with information that is relevant
and necessary to its role as your bargaining representative.
WE WILL NOT unreasonably delay in providing APWU, Local 380 with information that
is relevant and necessary to its role as your bargaining representative.
WE WILL NOT unreasonably delay in providing APWU New Mexico with information
that is relevant and necessary to its role as your bargaining representative.
WE WILL NOT shut down the facsimile machines at our Albuquerque, New Mexico
facilities because you have given an affidavit, filed Board charges or participated in
Board proceedings.
WE WILL NOT refuse to meet and bargain in good faith with APWU, Local 380 any
proposed changes in wages, hours and working conditions before putting such changes
into effect.
WE WILL NOT in any like or related manner interfere with your rights under Section 7 of
the Act.
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WE HAVE provided APWU, Local 380 with the information it requested on August 6,
2017, in writing, seeking copies of Box Scans for the Uptown Station for the period June
24, 2017 to August 5, 2017.
WE HAVE provided APWU New Mexico with the information it requested on August 28,
2017, in writing, seeking:
(1) List of all FTR and PSE’s on the rolls at affected facilities, with their
current job descriptions, and responsibilities;
(2) List of all proposed changes in hours, job descriptions, and duty
assignments;
(3) Copy of all office weekly work schedules, showing scheduled work
hours for all employees beginning January 1, 2017 through August 15,
2017;
(4) List of all abolishments and job re-postings;
(5) Copy of SOV report, workload analysis data;
(6) Copy of all TACs reports, showing all worked hours for all employees,
beginning January 01, through August 15, 2017. Please provide in
CSV format, not PDF format;
(7) Explanation and data relied upon for abolishment and reposting.
WE WILL provide APWU, Local 380 with the information it requested on April 6, 2017,
in writing, seeking copies of the Annual Box Section (Facility) Reports from 2008
through 2016.
WE WILL provide APWU, Local 380 with the information it requested on April 7, 2017,
in writing, seeking copies of the original duty assignment posting for ALL Clerk bid jobs
with split days off in the Albuquerque Installation.
WE WILL provide APWU, Local 380 with the information it requested on April 7, 2017,
in writing, seeking copies of the present-day duty assignment posting for ALL Clerk bid
jobs with split days off in the Albuquerque Installation.
WE WILL provide APWU, Local 380 with the information it requested on April 8, 2017,
in writing, seeking copies of all Mystery Shopper Reports for the North Valley Finance
from January 2010 through March 31, 2017.
WE WILL provide APWU, Local 380 with the information it requested on April 8, 2017,
in writing, seeking copies of all Mystery Shopper Reports for ALL retail stations – to
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include POEs – for the Albuquerque Installation from January 10, 2010 through March
31, 2017.
WE WILL provide APWU, Local 380 with the information it requested on April 8, 2017,
in writing, seeking copies of all reports and surveys generated from the
http://postalexperience.com or the 1-800-410-7420 as well as the “scan code for mobile
device” for the North Valley Finance from January 2010 through March 31, 2017.
WE WILL provide APWU, Local 380 with the information it requested on April 8, 2017,
in writing, seeking copies of all reports and surveys generated from the
http://postalexperience.com or the 1-800-410-7420 as well as the “scan code for mobile
device” for all retail stations – to include POE’s – in the Albuquerque Installation from
January 2010 through March 31, 2017.
WE WILL seek to provide APWU, Local 380 with the information it requested on April
28, 2017, in writing, seeking: copies of all physician’s reports for Robert Geiger (Pino
Station); Robert Chavira (Pino Station); Dee Dee Gonzalez (Pino Station); William Roth
(Rio Rancho Station); Shelly Sandoval (Five Points Station); Maria Breaux-Gonzalez
(Five Points Station); Sandra Olguin (NVCA); Janice Springer (Uptown Station); and
Leonard Rodrigues (Airport Station), by the following actions, including, but not limited
to:
 Seek waivers for the above-named employees to release their physician’s
reports to APWU, Local 380
ï‚· Seek permission from the Department of Labor Office of Workers
Compensation Programs to release the above-named employees’ physician
reports to APWU, Local 380
ï‚· Seek permission from the Department of Labor Office of Workers
Compensation Programs to release deidentified physician’s reports for the
above-named employees to APWU, Local 380
ï‚· Seek permission from the Department of Labor Office of Workers
Compensation Programs to release Forms CA-17 related to the above-named
employees to APWU, Local 380
ï‚· Follow the steps laid out in the Memorandum of Understanding between the
Respondent, the National Labor Relations Board, and the Department of
Labor, executed on November 22, 2017
WE WILL provide APWU, Local 380 and Region 28 of the National Labor Relations
Board with documentation that we have taken each of these steps, and if we receive
approval to release the information, WE WILL do so within three days.
WE WILL provide APWU, Local 380 with the information it requested on May 25, 2017,
in writing, seeking a copy of the City-Wide 10-hour and 12-hour Overtime Desired List to
include the Plant and ASF regarding the second quarter of 2017.
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WE WILL provide APWU, Local 380 with the information it requested on May 25, 2017,
in writing, seeking a copy of the Memorial Day Holiday schedule for North Valley
Finance and North Valley Carrier Annex, or, if after conducting a diligent search we
conclude that the information no longer exists, WE WILL provide APWU, Local 380 with
a sworn statement, which recites all steps taken to search for the information, including,
but not limited to, parties interviewed, facilities visited, databases searched, search
terms used, documents reviewed, the date upon which the information ceased to exist,
and the reason that the information no longer exists.
WE WILL provide APWU, Local 380 with the information it requested on May 25, 2017,
in writing, seeking a copy of the Memorial Day Holiday Sign Up sheet for North Valley
Finance and North Valley Carrier Annex, or, if after conducting a diligent search we
conclude that the information no longer exists, WE WILL provide APWU, Local 380 with
a sworn statement, which recites all steps taken to search for the information, including,
but not limited to, parties interviewed, facilities visited, databases searched, search
terms used, documents reviewed, the date upon which the information ceased to exist,
and the reason that the information no longer exists.
WE WILL provide APWU, Local 380 with the information it requested on June 23, 2017,
in writing, seeking the Installation Absence percentages for 2016 and 2017 or, if after
conducting a diligent search we conclude that the information no longer exists, WE
WILL provide APWU, Local 380 with a sworn statement, which recites all steps taken to
search for the information, including, but not limited to, parties interviewed, facilities
visited, databases searched, search terms used, documents reviewed, the date upon
which the information ceased to exist, and the reason that the information no longer
exists.
WE WILL provide APWU, Local 380 with the information it requested on June 27, 2017,
in writing, seeking:
ï‚· Copies of all discipline issued to Clerks working under Weisler, Robert for
“Failure to Follow Instructions,” for 2016 and 2017, to include “official
discussions”
ï‚· Copies of all EEOs initiated against Weisler, Robert for the last 10 years, and
ï‚· Copies of all discipline against Weisler, Robert for 2016 and 2017, and
 Copies of all discipline for “Failure to Follow Instructions” issued to all
supervisors and managers of the P&DC Albuquerque for 2016 and 2017.
WE WILL provide APWU, Local 380 with the information it requested on June 30, 2017,
and again on July 5, 2017, in writing, seeking:
ï‚· A copy of the Martin Luther King, Jr. Holiday Sign-up Schedule (2017), and
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ï‚· A copy of the Martin Luther King, Jr. Holiday Sign-Up Sheet (2017)
or, if after conducting a diligent search we conclude that the information no longer
exists, WE WILL provide APWU, Local 380 with a sworn statement, which recites all
steps taken to search for the information, including, but not limited to, parties
interviewed, facilities visited, databases searched, search terms used, documents
reviewed, the date upon which the information ceased to exist, and the reason that the
information no longer exists.
WE WILL provide APWU, Local 380 with the information it requested on June 30, 2017,
and again on July 5, in writing, seeking a copy of the 10-hour/12-hour Clerk OTDL
regarding NVCA and NVF for the last quarter (October – December) of 2016.
WE WILL provide APWU, Local 380 with the information it requested on June 30, 2017,
and again on July 5, 2017, in writing, seeking copies of the PS 3972 for all Clerks at the
North Valley Carrier Annex (NVCA) and North Valley Finance (NVF) from January 2017,
to the present.
WE WILL provide APWU, Local 380 with the information it requested on June 30, 2017,
and again on July 5, 2017, in writing, seeking a copy of the upcoming 4th of July
Holiday Schedule for 2017 regarding North Valley Carrier Annex and the North Valley
Finance, or, if after conducting a diligent search we conclude that the information no
longer exists, WE WILL provide APWU, Local 380 with a sworn statement, which
recites all steps taken to search for the information, including, but not limited to, parties
interviewed, facilities visited, databases searched, search terms used, documents
reviewed, the date upon which the information ceased to exist, and the reason that the
information no longer exists.
WE WILL provide APWU, Local 380 with the information it requested on June 30, 2017,
and again on July 5, 2017, in writing, seeking a copy of the upcoming 4th of July
Holiday Sign-up Sheet for 2017 regarding North Valley Carrier Annex and the North
Valley Finance, or, if after conducting a diligent search we conclude that the information
no longer exists, WE WILL provide APWU, Local 380 with a sworn statement, which
recites all steps taken to search for the information, including, but not limited to, parties
interviewed, facilities visited, databases searched, search terms used, documents
reviewed, the date upon which the information ceased to exist, and the reason that the
information no longer exists.
WE WILL provide APWU, Local 380 with the information it requested on June 30, 2017,
and again on July 5, 2017, in writing, seeking a copy of the President’s Day Holiday
Schedule for 2017 regarding North Valley Carrier Annex and the North Valley Finance,
or, if after conducting a diligent search we conclude that the information no longer
exists, WE WILL provide APWU, Local 380 with a sworn statement, which recites all
steps taken to search for the information, including, but not limited to, parties
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interviewed, facilities visited, databases searched, search terms used, documents
reviewed, the date upon which the information ceased to exist, and the reason that the
information no longer exists.
WE WILL provide APWU, Local 380 with the information it requested on June 30, 2017,
and again on July 5, 2017, in writing, seeking a copy of the President’s Day Holiday
Sign-up Sheet for 2017 regarding North Valley Carrier Annex and the North Valley
Finance, or, if after conducting a diligent search we conclude that the information no
longer exists, WE WILL provide APWU, Local 380 with a sworn statement, which
recites all steps taken to search for the information, including, but not limited to, parties
interviewed, facilities visited, databases searched, search terms used, documents
reviewed, the date upon which the information ceased to exist, and the reason that the
information no longer exists.
WE WILL provide APWU, Local 380 with the information it requested on July 5, 2017, in
writing, seeking copies of the TAC 800 R4 (Overtime and Leave Report) for all Clerks at
the NVCA and NVF from December 2, 2016 to the present.
WE WILL provide APWU, Local 380 with the information it requested on July 5, 2017, in
writing, seeking copies of the TAC 840 R4 (Weekly Hour Total Report) for all Clerks at
the NVCA and NVF from December 1, 2016 to the present.
WE WILL provide APWU, Local 380 with the information it requested on July 5, 2017, in
writing, seeking copies of the TAC 800 RA (SDO Overtime Report) at the NVCA and
NVF from December 1, 2016 to the present.
WE WILL provide APWU, Local 380 with the information it requested on July 19, 2017,
in writing, seeking a copy of the PS 1767 Report of Hazard, Unsafe Condition or
Practice of April 29, 2017 and filed May 28, 2017 (regarding the North Valley Finance
(NVF)), which contains both the “Supervisors Action” and “Approving Official’s Action”
or, if after conducting a diligent search we conclude that the information no longer
exists, WE WILL provide APWU, Local 380 with a sworn statement, which recites all
steps taken to search for the information, including, but not limited to, parties
interviewed, facilities visited, databases searched, search terms used, documents
reviewed, the date upon which the information ceased to exist, and the reason that the
information no longer exists.
WE WILL provide APWU, Local 380 with the information it requested on July 19, 2017,
in writing, seeking a copy of the PS 1767 Report of Hazard, Unsafe Condition or
Practice of May 27, 2017 and filed May 28, 2017 (regarding the North Valley Finance
(NVF)), which contains both the “Supervisors Action” and “Approving Official’s Action”
or, if after conducting a diligent search we conclude that the information no longer
exists, WE WILL provide APWU, Local 380 with a sworn statement, which recites all
steps taken to search for the information, including, but not limited to, parties
interviewed, facilities visited, databases searched, search terms used, documents
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reviewed, the date upon which the information ceased to exist, and the reason that the
information no longer exists.
WE WILL provide APWU, Local 380 with the information it requested on July 20, 2017,
in writing, seeking:
ï‚· Copies of NVF Box Scans 6-17-17 to 6-30-17;
ï‚· Copies of NVF Box Scans 7-1-17 to 7-21-17;
ï‚· Copy of PS 1767 Report of Hazard, Unsafe Condition or Practice of May 23,
2017 and filed May 28, 2017 which contains both “Supervisor’s Action” and
“Approving Official’s Action”; and
ï‚· Copies of 22 Box Section Scans for July 29 through August 5, 2017
WE WILL provide APWU, Local 380 with the information it requested on August 6,
2017, in writing, seeking copies of any and all GATS Pay Adjustments regarding R.R.
Hodgson (EIN XXXXXXXX) for the years 2015-2016 or, if after conducting a diligent
search we conclude that the information no longer exists, WE WILL provide APWU,
Local 380 with a sworn statement, which recites all steps taken to search for the
information, including, but not limited to, parties interviewed, facilities visited, databases
searched, search terms used, documents reviewed, the date upon which the
information ceased to exist, and the reason that the information no longer exists.
WE WILL provide APWU, Local 380 with the information it requested on August 6,
2017, in writing, seeking copies of the Clerk Sectional 10-hr and 12-hr Overtime Desired
List for the 1st, 2nd, and 3rd quarter of 2017.
WE WILL provide APWU, Local 380 with the information it requested on August 6,
2017, in writing, seeking copies of TAC 800 R3 (Overtime Alert Report) for ALL Clerks
at the Uptown Manager [sic] Station from December 1, 2016 to the present.
WE WILL provide APWU, Local 380 with the information it requested on August 7,
2017, in writing, seeking:
(1) a copy of the North Valley Finance *Box Section Scans for May 13 through
June 10, 2017; and
(2) a copy of the North Valley Finance (NVF) *Box Section Scan for August 7,
2017
WE WILL provide APWU, Local 380 with the information it requested on August 15,
2017, in writing, seeking a copy of the PowerPoint Presentation conducted/utilized at
the July 29, 2017 Labor/Management Meeting or, if after conducting a diligent search
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we conclude that the information no longer exists, WE WILL provide APWU, Local 380
with a sworn statement, which recites all steps taken to search for the information,
including, but not limited to, parties interviewed, facilities visited, databases searched,
search terms used, documents reviewed, the date upon which the information ceased to
exist, and the reason that the information no longer exists.
WE WILL provide APWU New Mexico with the information it requested on August 28,
2017, in writing, seeking:
(1) List of all FTR and PSE’s on the rolls at affected facilities, with their current
job descriptions, and responsibilities;
(2) List of all proposed changes in hours, job descriptions, and duty assignments;
(3) Copy of all office weekly work schedules, showing scheduled work hours for
all employees beginning January 1, 2017 through August 15, 2017;
(4) List of all abolishments and job re-postings;
(5) Copy of SOV report, workload analysis data;
(6) Copy of all TACs reports, showing all worked hours for all employees,
beginning January 01, through August 15, 2017. Please provide in CSV
format, not PDF format;
(7) Explanation and data relied upon for abolishment and reposting.
WE WILL provide APWU New Mexico with the information it requested on March 7,
2018, in writing, seeking a copy of employee everything TACs reports, showing all
hours worked for all Espanola and Fairview employees beginning September 16, 2017
to present in CD format in both PDF and CSV format.
WE WILL, upon request of the APWU New Mexico, resume the practice of not shutting
down the facsimile machines at our North Valley Carrier Annex, Academy, Five Points,
Foothill, or Pino Facilities.
UNITED STATES POSTAL SERVICE
The Board’s decision can be found at www.nlrb.gov/case/28-CA-200369 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.
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