United States Postal Service

National Labor Relations Board - Unpublished Board Decisions

Jul 14, 2020

10-CA-239552 (N.L.R.B. Jul. 14, 2020)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
UNITED STATES POSTAL SERVICE
and Case 10-CA-239552
AMERICAN POSTAL WORKERS UNION,
AFL-CIO, LOCAL 168
DECISION AND ORDER
Statement of the Case
On May 28, 2020, the United States Postal Service (the Respondent), American
Postal Workers Union, AFL–CIO, Local 168 (Postal Workers Local 168), 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 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017383 et al., unpublished order issued November 4, 2002, enfd.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.
Member Emanuel would not approve the parts of the Order that require the
Respondent to take action with respect to “any other union with which the Respondent
has an exclusive collective-bargaining relationship, or its servicing representative, at its
Greenville Processing and Distribution Center,” because no violations against other
unions are alleged as part of this case.
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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 performing that function, including its
Greenville Processing and Distribution Center located at 204 Fairforest Way in
Greenville, South Carolina (Greenville Processing and Distribution Center). 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
At all material times, Postal Workers Local 168 has been a labor organization
within the meaning of Section 2(5) of the Act.
At all material times, American Postal Workers Union, AFL-CIO (Postal Workers)
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, the
National Labor Relations Board orders that:
The Respondent, United States Postal Service, Greenville, South Carolina, its
officers, agents, successors, and assigns, shall
1. Cease and desist from the following in connection with the Respondent's
employees employed in the Respondent’s Greenville Processing and Distribution
Center.
(a) Refusing to bargain collectively and in good faith with the American Postal
Workers Union, AFL-CIO, by failing to furnish, or by unduly delaying furnishing,
information that is relevant and necessary to the American Postal Workers Union, AFL-
CIO, Local 168 in performing its duties for the American Postal Workers Union, AFL-
CIO, the exclusive bargaining representative of the unit.
(b) In any like or related manner interfering with, restraining, or coercing
employees in the exercise of the rights guaranteed them by the National Labor
Relations Act.
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2. Take the following affirmative action necessary to effectuate the policies of the
Act.
(a) Upon request, furnish the American Postal Workers Union, AFL-CIO,
American Postal Workers Union, AFL-CIO, Local 168, or any other union with which the
Respondent has an exclusive collective-bargaining relationship, or its servicing
representative, at its Greenville Processing and Distribution Center, 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, including supplementing the grievance
record, related to the requested information that the American Postal Workers Union,
AFL-CIO, Local 168 missed due to the Respondent’s delay in providing the information
requested as described in Paragraph 9 of the April 2, 2020 Amended Complaint.
(c) Maintain a log at its Greenville Processing and Distribution Center, in which
the Respondent will immediately record each information request that the American
Postal Workers Union, AFL-CIO, American Postal Workers Union, AFL-CIO, Local 168
or any other union with which the Respondent has an exclusive collective-bargaining
relationship, or its servicing representative, at its Greenville Processing and Distribution
Center, tendered to the Respondent orally or in writing. 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 union and unit involved; the name of the
manager or supervisor who received the request; the date the request was made; and
the date that the Respondent’s manager or supervisor provided the American Postal
Workers Union, AFL-CIO or American Postal Workers Union, AFL-CIO, Local 168 or
other such union with which the Respondent has an exclusive collective-bargaining
relationship, or its servicing representative, with the requested information. If the
manager or supervisor, having reviewed the documents requested, believes that the
Respondent will need additional time to furnish the information, the manager or
supervisor will inform the American Postal Workers Union, AFL-CIO, or American Postal
Workers Union, AFL-CIO, Local 168 or any other such union or its servicing
representative, in writing, requesting additional time and explaining the need for
additional time. Union stewards will be granted reasonable access to the logs, upon
request.
(d) Provide for each manager and supervisor who is designated to receive union
requests for information at its Greenville Processing and Distribution Center, annual
training that encompasses how to maintain the log and how to tender the relevant
information the American Postal Workers Union, AFL-CIO, American Postal Workers
Union, AFL-CIO, Local 168 or any other such union, or its servicing representative,
requested; require that each such manager and supervisor sign an acknowledgment
form attesting to the fact that he or she has completed this training. A copy of this
acknowledgment form shall be maintained in the manager’s or supervisor’s training and
history files. Managers or supervisors who fail to supply relevant information, or who
unreasonably delay in supplying such information to the American Postal Workers
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Union, AFL-CIO, American Postal Workers Union, AFL-CIO, Local 168 or other such
union, or its servicing representative, 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. The Respondent shall take disciplinary action, up
to and including termination, for any managers or supervisors who repeatedly fail to
respond appropriately or timely to union requests for information.
(e) Provide to union stewards of any union with which the Respondent has an
exclusive collective-bargaining relationship, or its servicing representative, at its
Greenville Processing and Distribution Center, the name of the manager or supervisor
in each location who is designated to receive union requests for information at the
facility, and when that designated manager or supervisor has changed.
(f) Require the Respondent’s legal or labor relations department to conduct
semi-annual audits of the logs at the Respondent’s Greenville Processing and
Distribution Center to ensure that the information requests of the American Postal
Workers Union, AFL-CIO, American Postal Workers Union, AFL-CIO, Local 168 and
other such unions, or their servicing representatives, are being handled in a timely and
appropriate manner, and to ensure the logs are being properly maintained. Following
the audit, the legal 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 the Respondent’s Greenville Processing and Distribution
Center, copies of the Notice to Employees that the Acting Regional Director for
Region 10 shall provide to the Respondent for posting. The Region will provide
copies of the notice that the Respondent will be required to duplicate in color, at
its own expense, before posting. The duplicated copies 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;
(ii) Electronically post the Notice to Employees for employees at the
Respondent’s Greenville Processing and Distribution Center, if the Respondent
customarily uses electronic means such as an electronic bulletin board, email,
website, or intranet to communicate with those employees;
(iii) Send a copy of any Board Order and Notice to Employees to all its
managers and supervisors at the Respondent’s Greenville Processing and
Distribution Center.
(h) Within 60-day Notice posting period, hold a meeting or meetings, scheduled
to ensure the widest possible attendance on each shift, at which a responsible
management official will read the Notice to Employees for employees at the
Respondent’s Greenville Processing and Distribution Center, in front of a union official
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for the American Postal Workers Union, AFL-CIO, Local 168. The reading will take
place at a time when the Respondent would customarily hold meetings and must be
completed prior to the completion of the 60-day Notice posting period. The dates and
times of the reading, and the management official who will read the notice, must be
approved by the Acting Regional Director. The announcement of the meeting will be in
the same manner the Respondent normally announces meetings and must be approved
by the Acting Regional Director.
(i) Within 21 days after service, file with the Acting Regional Director a signed
and sworn Certification of Compliance, Part I form certifying that it has complied with
this Order. The certification shall include a copy of the documents signed by a
responsible official attesting to the dates that the notices were received at each facility,
the dates that the notices were posted, where the notices were posted, and date(s),
time(s), and the management official who read the Notice to Employees; the certification
shall also include the dates the Respondent sent the Board Order and Notice to its
managers and supervisors, a list of the names and job titles of the individuals to whom
the Respondent sent them, and the method the Respondent employed to send them.
(j) Upon request, provide to the Acting Regional Director of Region 10, or his
designee, copies of the logs described above in subparagraph (c); the acknowledgment
forms, audit reports, and discipline described above in subparagraph (d); and the semi-
annual audits and reports from the Respondent’s legal or labor relations department
described above in subparagraph (f).
Dated, Washington, D.C., July 14, 2020.
___________________________________
John F. Ring, Chairman
___________________________________
Marvin E. Kaplan, Member
___________________________________
William J. Emanuel, 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:
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 interfere with, restrain, or coerce you in the exercise of the above rights.
The American Postal Workers Union, AFL-CIO, is the exclusive collective-bargaining
representative of the employees in the bargaining unit set forth below. American
Postal Workers Union, AFL-CIO, Local 168 services certain employees at the South
Carolina facilities listed below on behalf of the National Union.
All employees in the bargaining unit for which each has been recognized and
certified at the national level, including maintenance employees, motor vehicle
employees, postal clerks, the special delivery messengers, mail equipment
shops employees, material distribution centers employees, and operating
services and facilities services employees; excluding managerial and supervisory
personnel, professional employees, employees engaged in personnel work in
other than a purely non-confidential clerical capacity, security guards as defined
in Public Law 91-375, 1201(2), all Postal Inspection Service employees,
employees in the supplemental work forces as defined in Article 7 of the
Collective-Bargaining Agreement, rural letter carriers, mail handlers, and letter
carriers.
WE WILL NOT fail to provide, or unreasonably delay in providing, the American Postal
Workers Union, AFL-CIO, or American Postal Workers Union, AFL-CIO, Local 168 or
any other union with which we have an exclusive collective-bargaining relationship, or
its servicing representative, at the Greenville Processing and Distribution Center located
at 204 Fairforest Way in Greenville, South Carolina, with information that they or their
National Unions need to represent you.
WE WILL NOT in any like or related manner interfere with your rights under the
National Labor Relations Act.
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WE HAVE provided the American Postal Workers Union, AFL-CIO, Local 168 with the
information it initially requested on January 22, 2019.
WE WILL, upon request, provide any union with which we have an exclusive collective-
bargaining relationship or its servicing representative with necessary and relevant
information in a timely and appropriate manner.
WE WILL waive for 30 days following the issuance of the Board’s Order, any
contractual deadlines for filing and pursuing grievances related to the requested
information that the American Postal Workers Union, AFL-CIO, Local 168 missed due to
our delay in providing the information requested.
WE WILL maintain a log in which we will immediately record each information request
that any union with which we have an exclusive collective-bargaining relationship, or its
servicing representative, make, either orally or in writing, at the Greenville Processing
and Distribution Center.
WE WILL provide union stewards with reasonable access to those logs that pertain to
their requests.
WE WILL provide annual training for each manager and supervisor who is designated
to receive requests for information at the Greenville Processing and Distribution Center.
Such training will encompass how to maintain the log and how to tender the relevant
information to any union with which we have an exclusive collective-bargaining
relationship, or its servicing representative, at the Greenville Processing and Distribution
Center.
WE WILL take disciplinary action, up to and including termination, for any managers or
supervisors who repeatedly fail to respond appropriately or timely to union requests for
information.
WE WILL provide union stewards for any union the name of the manager or supervisor
who is designated to receive union requests for information at the Greenville Processing
and Distribution Center and when that designated manager or supervisor has changed.
WE WILL require our legal or labor relations department to conduct semi-annual audits
of the logs to ensure that the information requests of any union with which we have an
exclusive collective-bargaining relationship, or its servicing representative, are being
handled in a timely and appropriate manner and to ensure the logs are being properly
maintained.
UNITED STATES POSTAL SERVICE
The Board’s decision can be found at www.nlrb.gov/case/10-CA-239552 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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