UNITED STATES POSTAL SERVICE

National Labor Relations Board - Board Decisions

Jul 20, 2016

01-CA-144694 (N.L.R.B. Jul. 20, 2016)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
UNITED STATES POSTAL SERVICE
and Case 01-CA-144694

AMERICAN POSTAL WORKERS UNION,
AFL-CIO, BOSTON METRO AREA LOCAL 100
DECISION AND ORDER
Statement of the Case
On February 29, 2016, the United States Postal Service (the Respondent), the
American Postal Workers Union, Boston Metro Area Local 100 (Local 100), 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.
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
Based on the Formal Settlement Stipulation and the entire record, the Board
makes the following

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017383 et al., unpublished order issued November 4, 2002, enfd.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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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 performing this function, including the
main post office in Braintree, Massachusetts, which is located in the Respondent’s
Greater Boston District of the Northeast Area.
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 organization involved
Local 100 and the American Postal Workers Union, AFL-CIO (the APWU) are
each a labor organization within the meaning of Section 2(5) of the National Labor
Relations 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, at various locations in the
Boston, Massachusetts metropolitan area as set forth in Appendix B, its officers, agents,
successors, and assigns, shall
1. Cease and desist from
(a) Failing or refusing to bargain collectively and in good faith with the American
Postal Workers Union, AFL-CIO, and Boston Metro Area Local 100, by failing to provide
Local 100 in a timely manner with the requested information that is necessary for, and
relevant to, APWU’s and Local 100’s ability to perform as the employees’ bargaining
agent at its facility at 333 Commerce Dr., Braintree, Massachusetts, and at all other
facilities as specified in Appendix B, in the following appropriate unit:
All employees designated as Maintenance Employees, Motor Vehicle
Employees, Postal Clerks, Mail Equipment Shops Employees, Material
Distribution Centers Employees, and Operating Services and Facilities
Services Employees in Article 1, Section 1, entitled “Union Recognition” of
the National Agreement between the APWU and the Respondent.
(b) In any like or related manner interfering with, restraining, or coercing
employees 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 APWU and Local 100 as the
exclusive collective-bargaining representative of the Unit in its facility at 333 Commerce
Dr., Braintree, Massachusetts, and at all other facilities as specified in Appendix B.
(b) Supply APWU and Local 100 in a timely manner with requested information
that is necessary for, and relevant to, APWU and Local 100’s representation of the
employees in the Unit at its facility at 333 Commerce Dr., Braintree, Massachusetts, and
at all other facilities as specified in Appendix B.
(c) Within 14 days of service by the Region, (1) post at all facilities within the
Greater Boston District of the Northeast Area, and (2) send to all its managers and
supervisors at all facilities within the Greater Boston District of the Northeast Area,
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 place, 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.
(d) 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., July 20, 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;
Bargain collectively through a representative chosen by employees;
Act together with other employees for your benefit and protection;
Choose not to engage in any of these protected activities.
WE WILL NOT fail or refuse to bargain collectively and in good faith with the American
Postal Workers Union, AFL-CIO, Boston Metro Area Local 100 (the Union), by failing to
provide the Union in a timely manner with the requested information that is necessary
for, and relevant to, the Union’s representation of employees in our facility at 333
Commerce Dr., Braintree, Massachusetts, and at all other facilities as specified in
Appendix B, in the following appropriate unit (the Unit):
All employees designated as Maintenance Employees, Motor Vehicle
Employees, Postal Clerks, Mail Equipment Shops Employees, Material
Distribution Centers Employees, and Operating Services and Facilities
Services Employees in Article 1, Section 1, entitled “Union Recognition” of
the National Agreement between the APWU and Respondent.
WE WILL NOT in any like or related manner interfere with, restrain, or coerce
employees in the exercise of the rights guaranteed to them by Section 7 of the National
Labor Relations Act.
WE WILL bargain collectively and in good faith with the Union as the exclusive
collective-bargaining representative of the Unit by furnishing the Union in a timely
manner with requested information that is necessary for, and relevant to, the Union’s
representation of Unit employees in our facility at 333 Commerce Dr., Braintree,
Massachusetts, and at all other facilities as specified in Appendix B.
UNITED STATES POSTAL SERVICE
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The Board’s decision can be found at www.nlrb.gov/case/01-CA-144694 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
Area 2 of the USPS Boston Installation
1. Braintree – Retail 125 Pearl St.
2. Braintree – DMU 333 Commerce Dr.
3. East Weymouth 1337 Commercial St.
4. Hyde Park 1269 Hyde Park Ave.
5. Jamaica Plain 655 Centre St.
6. Mattapan 1602 Blue Hill Ave.
7. Milton 499 Adams St.
8. Milton Village 50 Adams St.
9. North Quincy 454 Hancock St.
10. North Quincy Carrier Annex 615 Hancock St.
11. North Weymouth 53 Sea St.
12. Quincy 47 Washington St.
13. Readville 201 Neponset Valley Parkway
14. Roslindale 16 Cummins Hwy.
15. South Weymouth 84 Pleasant St.
16. West Roxbury 1834 Centre St.
17. Weymouth 103 Washington St.
18. Wollaston 5 Beach St.