United States Postal Service

National Labor Relations Board - Board Decisions

Apr 23, 2013

13-CA-062320 (N.L.R.B. Apr. 23, 2013)

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UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
UNITED STATES POSTAL SERVICE
and Cases 13-CA-062320
13-CA-069813
NATIONAL ASSOCIATION OF LETTER
CARRIERS BRANCH NO. 11
DECISION AND ORDER
Statement of the Cases
On March 19, 2013, the United States Postal Service (the Respondent) and the
Acting General Counsel of the National Labor Relations Board entered into a Formal
Settlement Stipulation,1 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, as
amended, 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 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

1 Although the Union was not willing to enter into the settlement agreement on the
ground that a similar violation might occur in the future, it has no objection to this Formal
Settlement Stipulation.
2 We note that the remedy to which the parties have agreed is not fully consistent with
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, 28-CA-17383
et al., unpublished order issued November 4, 2002, enfd. Case 02-9587 (10th Cir.
2003); and United States Postal Service, 345 NLRB 426 (2005), enfd. 486 F.3d 683
(10th Cir. 2007). These broad orders, as enforced by the United States Courts of
Appeals, remain in effect. However, because the Respondent and the Acting General
Counsel have agreed to the terms of this Formal Settlement Stipulation, they have
determined that approval of the parties’ settlement will effectuate the purposes of the
Act. The Board’s approval of this stipulation does not modify these orders in any
respect.
2
Based on the Formal Settlement Stipulation and the entire record, the Board
makes the following
Findings of Fact
1. The Employer’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 its facility at the Clearing Station Post Office at 5645 South Archer Avenue,
Chicago, Illinois, the only facility involved in this proceeding.
The Board has jurisdiction over the Respondent and this matter by virtue of
Section 1209 of the Postal Reorganization Act, 39 U.S.C. Section 101 et seq. (PRA).
2. The labor organization involved
At all material times, National Association of Letter Carriers Branch No. 11 has
been a labor organization 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, as
amended, the National Labor Relations Board orders that
The Respondent, United States Postal Service, Clearing Station Post Office,
5645 South Archer Avenue, Chicago, Illinois, its officers, agents, successors, and
assigns shall
1. Cease and desist from
(a) Failing and refusing to provide information requested by the Union that is
relevant to the Union’s performance as the exclusive collective-bargaining
representative of the unit.
(b) Unlawfully delaying in furnishing the Union with the information requested that
is relevant to the Union’s performance as the exclusive collective-bargaining
representative of the unit.
(c) Unlawfully delaying in responding to the Union’s requests for information that
is relevant to the Union’s performance as the exclusive collective-bargaining
representative of the unit.
(d) In any like or related manner interfering with, restraining, or coercing
employees in the exercise of their Section 7 rights.
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2. Take the following affirmative action necessary to effectuate the policies of the
Act.
(a) Bargain in good faith with the Union as the exclusive collective-bargaining
representative of the unit employees described in the current collective-bargaining
agreement.
(b) Timely negotiate in good faith with the Union for an extension of time to
respond to the Union’s information requests.
(c) Within 14 days of service by the Region, provide the National Association of
Letter Carriers, Branch 11 with requested information that is relevant and necessary for
its representational duties.
(d) Within 14 days of service by the Region, post at its Clearing Station Post
Office, located at 5645 South Archer Avenue, Chicago, Illinois, including all places
where notices to employees are customarily posted, copies of the attached notice.
Copies of the notice, on forms provided by Region 13, 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.
(e) Mail to the Regional Director for Region 13 signed copies of said notice as
directed by the Regional Director’s designee.
(f) Notify the Regional Director, in writing, within 20 days from the date of this
Order, what steps the Respondent has taken to comply herewith.
Dated, Washington, D.C., April 23, 2013.
___________________________________
Mark Gaston Pearce, Chairman
___________________________________
Richard F. Griffin, Jr., Member
___________________________________
Sharon Block, Member
(SEAL) NATIONAL LABOR RELATIONS BOARD
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APPENDIX
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‚· Choose a representative to bargain with us on your behalf;
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 refuse to provide the National Association of Letter Carriers, Branch 11
(the Union) with requested information that is relevant and necessary for its
representational duties.
WE WILL NOT unreasonably delay in providing the Union with requested information
that is relevant and necessary for its representational duties.
WE WILL NOT unreasonably delay in responding to the Union’s request for information
and WE WILL timely negotiate in good faith with the Union for an extension of time to
respond to the Union’s information requests.
WE WILL NOT in any like or related manner interfere with your rights under Section 7 of
the Act.
WE WILL bargain in good faith with the Union as the exclusive collective-bargaining
representative of the unit employees described in the current collective-bargaining
agreement.
WE WILL provide the Union with requested information that is relevant and necessary
for its representational duties.
UNITED STATES POSTAL SERVICE
(Employer)