United States Postal Service

National Labor Relations Board - Board Decisions

Apr 13, 2016

10-CA-149544 (N.L.R.B. Apr. 13, 2016)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
UNITED STATES POSTAL SERVICE
and Cases 10-CA-149544
10-CA-154967
NATIONAL ASSOCIATION OF LETTER 10-CA-159107
CARRIERS, BRANCH 73
and 10-CA-155194
NATIONAL ASSOCIATION OF LETTER
CARRIERS, BRANCH 2225
and 10-CA-153583
AMERICAN POSTAL WORKERS UNION,
LOCAL 32
DECISION AND ORDER
Statement of the Cases
On February 3, 2016, the United States Postal Service (the Respondent);
National Association of Letter Carriers Branch 73 (NALC Branch 73), National
Association of Letter Carriers Branch 2225 (NALC Branch 2225), and American Postal
Workers Union, Local 32 (APWU, Local 32) (collectively, “the Unions”); 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.
Based on the Formal Settlement Stipulation and the entire record, the Board
makes the following
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Findings of Fact
1. The Respondent’s business
The Respondent is and has been, at all times material herein, an independent
establishment of the Executive Branch of the Government of the United States. It
operates various facilities throughout the United States providing postal services to the
Nation, including its facilities in Atlanta, Decatur, and Smyrna, Georgia and other cities,
herein collectively called the Atlanta District. The Respondent is now and has been at
all material times, an entity subject to the Board’s jurisdiction by virtue of the Postal
Reorganization Act (the PRA), 39 U.S.C. § 1209.
2. The labor organizations involved
At all material times, NALC Branch 73, NALC Branch 2225, and APWU Local 32
have been labor organizations within the meaning of Section 2(5) of the National Labor
Relations Act, as amended (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, Atlanta, Georgia, its officers,
agents, successors, and assigns, shall
1. Cease and desist from
(a) Refusing to bargain collectively and in good faith with NALC Branch 73,
NALC Branch 2225, APWU Local 32, and/or any other labor organization representing
bargaining unit employees of Respondent’s facilities set forth in Appendix B (collectively
referred to as “the Unions”), by refusing to provide information or by unduly delaying in
furnishing information that is relevant and necessary to the performance of their duties
as exclusive bargaining representatives of employees at the facilities described above.
(b) In any other manner interfering with, restraining, or coercing employees in
the exercise of the rights guaranteed them by Section 7 of the Act.
2. Take the following affirmative action necessary to effectuate the policies of the
Act:
(a) Upon request, provide the Unions with necessary and relevant information in
a timely and appropriate manner.
(b) Waive, for 30 days following issuance of the Board’s Order, any contractual
deadlines for filing and pursuing grievances related to the requested information, where
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the Unions missed contractual deadlines due to the Respondent’s delay or refusal in
providing information.
(c) At the Respondent’s facilities set forth in Appendix B, the Respondent will
maintain a log in which it will immediately record each information request tendered by
the Unions, orally or in writing, at that facility. These shall include the following
information: a brief description of the information requested; the name of the individual
who is making the request; the name of the supervisor who received the request; the
date the request was made; and the date that the Respondent’s manager or supervisor
provided the Unions with the requested information. If the manager or supervisor,
having reviewed the documents requested, believes that the Respondent will need
additional time, the manager or supervisor will inform the Unions in writing, requesting
additional time and explaining the need for the additional time.
(d) Each manager and supervisor who is designated to receive union requests
for information at the Respondent’s facilities described in Appendix B will receive annual
training which encompasses how to maintain the log and how to tender the relevant
information requested by the Unions; each such supervisor and manager will sign an
acknowledgement form attesting to the fact that he or she has completed said training.
A copy of this acknowledgement form shall be maintained in the supervisor’s or
manager’s training and history files. Union stewards will be granted access to the logs,
upon request. Supervisors or managers who fail to reasonably supply relevant
information to the Unions will have this fact mentioned in the “corrective action” column
of the semi-annual audit report provided to the district manager and district manager of
human resources. Repeated violations could lead to discipline of said supervisor or
manager.
(e) Union stewards at the Respondent’s facilities described in Appendix B must
be notified when the manager or supervisor who is designated to receive requests for
information at their particular facility has changed.
(f) The Respondent’s legal department or its labor relations department shall
conduct semiannual audits of the logs at each of the Respondent’s facilities described in
Appendix B to ensure that the information requested by the Unions is being handled in a
timely and appropriate manner, and to ensure the logs are being properly maintained.
Following the audit, the legal department or labor relations department shall tender, in
writing, a written report that will be forwarded to the district manager and district
manager of human resources.
(g) Within 14 days of service by the Region:
(i) Post at all of its facilities described in Appendix B, copies of the
attached notice marked as Appendix A1;

1 If this Order is enforced by a judgment of a United States Court of Appeals, the words
in the notice reading “Posted by Order of the National Labor Relations Board” shall read
“Posted Pursuant to a Judgment of the United States Court of Appeals Enforcing an
Order of the National Labor Relations Board.”
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(ii) Electronically post the Notice to Employees for employees at all its
facilities described in Appendix B if the Respondent customarily uses electronic
means such as an electronic bulletin board, e-mail, website, or intranet to
communicate with these employees;
(iii) Send a copy of any Board Order and Notice to Employees to all its
supervisors and managers at all its facilities described in Appendix B;
(iv) Copies of the notice, on forms provided by the Regional Director for
Region 10, 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. The Respondent will take reasonable steps to ensure that
the notices are not altered, defaced, or covered by any other material.
(v) In the event that, during the pendency of these proceedings, the
Respondent has closed any of 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 the
closed facility any time since April 1, 2015.
(vi) Within 21 days after service by the Region, file with the Regional
Director a sworn certification of a responsible official on a form provided by the
Region attesting to the steps the Respondent has taken to comply. The Regional
Director shall be supplied a copy of the documents signed by the district
manager of labor relations, attesting to the dates that the notices were received
at each facility, and the dates that the notices were posted.
Dated, Washington, D.C., April 13, 2016
___________________________________
Mark Gaston Pearce, Chairman
__________________________________
Kent Y. Hirozawa, Member
__________________________________
Lauren McFerran, 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 representatives 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 refuse to bargain collectively and in good faith by refusing to provide
information or by unduly delaying in furnishing information requested by American
Postal Workers Union, Local 32 and National Association of Letter Carriers Branches 73
and 2225, and/or any other labor organization representing bargaining unit employees
(“the Unions”), that is relevant and necessary the performance of their duties as the
exclusive collective-bargaining representative of the bargaining unit employees .
WE WILL NOT in any other manner interfere with, restrain, or coerce you in the
exercise of the rights guaranteed you by the National Labor Relations Act.
WE WILL, upon request, provide the Union with necessary and relevant information in a
timely and appropriate manner.
WE WILL waive, for 30 days following issuance of the Board’s Order, any contractual
deadlines for filing and pursuing grievances related to the requested information, where
the Unions missed contractual deadlines due to the Employer’s delay or refusal in
providing the information.
WE WILL, at certain facilities agreed upon by the parties, maintain a log in which the
Employer will immediately record each information request tendered by the Unions,
orally or in writing, at that facility. These logs shall include the following information: a
brief description of the information requested, the name of the individual who is making
the request; the name of the individual who is making the request; the name of the
supervisor who received the request; the date the request was made; and the date that
the Employer’s manager or supervisor provided the Local Unions with the requested
information. If the manager or supervisor, having reviewed the documents requested,
believes additional time is needed, the manager or supervisor will inform the Unions in
writing, requesting additional time and explaining the need for the additional time.
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WE WILL provide annual training to each manager or supervisor who is designated to
receive requests for information at the facilities described above which encompasses
how to maintain the log, and how to tender the relevant information requested by the
Unions; each such supervisor and manager will sign an acknowledgment form attesting
to the fact that he or she has completed said training. A copy of this acknowledgment
form shall be maintained in the supervisor’s or manager’s training and history files.
Union stewards will be granted access to the logs, upon request. Supervisors or
managers who fail to reasonably supply relevant information to the Unions will have this
fact mentioned in the “corrective action” column of the semi-annual audit report provided
to the district manager and district manager of human resources. Repeated violations
could lead to discipline of said supervisor or manager.
WE WILL notify Union stewards at the facilities described above when the manager or
supervisor who is designated to receive union requests for information at their particular
facility has changed.
WE WILL, through our legal department or labor relations department, conduct semi-
annual audits of the logs at the facilities described above to ensure that the information
requested by the Unions is being handled in a timely and appropriate manner, and to
ensure the logs are being properly maintained. Following the audit, our legal
department or labor relations department shall tender, in writing, a written report that will
be forwarded to the district manager and district manager of human resources.
UNITED STATES POSTAL SERVICE
The Board’s decision can be found at www.nlrb.gov/case/10-CA-149544 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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Appendix B
The Employer's facilities located at the following addresses:
Central City Carrier Annex - 400 Pryor St., Atlanta, GA 30303
North Metro Processing and Distribution Center - 1605 Boggs Rd., Duluth, GA 30096
Peachtree Comers Station - 5600 Spalding Dr., Peachtree Corners, GA 30092-9998
Decatur Main Post Office - 520 W. Ponce de Leon Ave., Decatur, GA 30030
Smyrna Main Post Office - 850 Windy 11111 Rd. SE, Smyrna, GA 30080-9998
Lithia Springs Main Post Office - 2727 Skyview Drive, Lithia Springs, GA 30122
Alpharetta Carrier Annex - 1295 Bluegrass Lakes Pkwy., Ste. A, Alpharetta, GA 30004
Alpharetta Webb Bridge Station - 4575 Webb Bridge Rd., Alpharetta, GA 30005
Lawrenceville Main Post Office - 35 Patterson Rd., Lawrenceville, GA 30044
Griffin Main Post Office - 101 N 8TH St., Griffin, GA 30223
Woodstock Main Post Office - 225 Parkway 575, Woodstock, GA 30188
Stockbridge Main Post Office - 110 Walter Way, Stockbridge, GA 30281
Fairbum Main Post Office - 75 Washington St., Fairburn, GA 30213
Cedartown Post Office - 145 West Ave., Cedartown, GA 30125
Austell Carrier Annex - 5055 Austell Rd Ste. 181, Austell, GA 30106
Dallas Main Post Office - 280 Merchants Dr., Dallas, GA 30132
Mableton Main Post Office - 5284 Floyd Rd. SW, Mableton, GA 30126
Silver Creek Main Post Office - 4565 Rockmart Rd. SE, Silver Creek, GA 30173
Powder Springs Main Post Office - 4644 Powder Springs Dallas Rd., Powder Spring,
GA 30127
Acworth Main Post Office - 4915 N. Main St., Acworth, GA 30101