United States Postal Service

National Labor Relations Board - Unpublished Board DecisionsMar 30, 2021

16-CA-214840 (N.L.R.B. Mar. 30, 2021)

UNITED STATES OF AMERICA BEFORE THE NATIONAL LABOR RELATIONS BOARD UNITED STATES POSTAL SERVICE and Case 16-CA-214840 NATIONAL ASSOCIATION OF LETTER CARRIERS, BRANCH 283 and Cases 16-CA-216250 16-CA-219046 16-CA-223165 NATIONAL ASSOCIATION OF LETTER CARRIERS, BRANCH 23 and Case 16-CA-223364 AMERICAN POSTAL WORKERS UNION, LOCAL 185 DECISION AND ORDER Statement of the Cases On March 4, 2019, the United States Postal Service (the Respondent); National Association of Letter Carriers, Branches 283 and 23; American Postal Workers Union, Local 185; 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, 2 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 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 performing that function, including the facilities at 240 West Galveston Street, League City, Texas (16-CA-214840); 5826 Broadway Street, Galveston, Texas (16-CA-216250, 16-CA-219046, and 16-CA-223165); and 601 Tremont Street, Galveston, Texas (16- CA-223364). (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 (a) The National Association of Letter Carriers (NALC National) and the American Postal Workers Union (APWU National) are labor organizations within the meaning of Section 2(5) of the Act. (b) The National Association of Letter Carriers, Branches 283 and 23 (collectively, NALC) and the American Postal Workers Union, Local 185 (APWU) are labor organizations within the meaning of Section 2(5) of the Act. ORDER 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 Court of Appeals, remain in effect, and the Board’s approval of this stipulation does not modify these orders in any respect. 3 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, League City and Galveston, Texas, its officers, agents, successors, and assigns, shall 1. Cease and desist from (a) Failing and refusing to bargain collectively with NALC, APWU, and/or any other labor organization which represents bargaining unit employees at the 240 West Galveston Street, League City, Texas (16-CA-214840); 5826 Broadway Street, Galveston, Texas (16-CA-216250, 16-CA-219046, and 16-CA-223165); and 601 Tremont Street, Galveston, Texas (16-CA-223364) facilities by failing or refusing to furnish, or unreasonably delaying in furnishing, them with information that is relevant and necessary to the performance of their duties as the exclusive collective-bargaining representative. (b) Interfering with, restraining, or coercing, in any like or related manner, its employees in the exercise of rights guaranteed under Section 7 of the Act. 2. Take the following affirmative action necessary to effectuate the policies of the Act. (a) Bargain in good faith with NALC, APWU, and/or any other labor organization which represents the Respondent’s employees at its 240 West Galveston Street, League City, Texas (16-CA-214840); 5826 Broadway Street, Galveston, Texas (16-CA- 216250, 16-CA-219046, and 16-CA-223165); and 601 Tremont Street, Galveston, Texas (16-CA-223364) facilities. (b) To the extent not already provided, provide NALC and APWU with the relevant requested information as described in the Third Consolidated Complaint and Notice of Hearing that issued on February 1, 2019. If the Respondent is unable to locate any of the information requested, it will provide an explanation to the Unions as to the reasons for the unavailability of such information. (c) Waive, for 60 days following the issuance of the Board’s Order or the Respondent providing the information, whichever is longest, any contractual deadlines to allow grievances related to the requested information, where NALC Branch 283, NALC Branch 23, and/or APWU Local 185 missed those deadlines due to the Respondent’s delay. (d) Upon request, provide NALC, APWU, and/or any other labor organization which represents the Respondent’s employees at the 240 West Galveston Street, League City, Texas (16-CA-214840); 5826 Broadway Street, Galveston, Texas (16-CA- 216250, 16-CA-219046, and 16-CA-223165); and 601 Tremont Street, Galveston, 4 Texas (16-CA-223364) facilities, with information necessary and relevant to fulfill its statutory obligation as the exclusive bargaining representative. (e) The Postmaster or Station Manager at the Respondent’s 240 West Galveston Street, League City, Texas (16-CA-214840); 5826 Broadway Street, Galveston, Texas (16-CA-216250, 16-CA-219046, and 16-CA-223165); and 601 Tremont Street, Galveston, Texas (16-CA-223364) facilities will maintain an information request log that tracks when requests for information are made, by whom the requests are made, a description of the information sought, to whom the requests are made, the information provided in response to the requests for information, and the dates the Respondent responds to the requests for information. (f) Schedule annual training sessions on how to timely and appropriately respond to information requests and how to properly maintain information logs and require that all supervisors and managers at its facility located at 240 West Galveston Street, League City, Texas (16-CA-214840); and all of its facilities located in Galveston, Texas (16-CA-216250, 16-CA-219046, 16-CA-223165, 16-CA-223364), attend the training. (g) Regarding the training sessions above in paragraph (f), within 180 days of the approval of this Agreement, the Respondent will hold at least two mandatory trainings for all supervisors and managers regardless of prior training received. The Respondent will incorporate the information request training into its regular training program for new supervisors and managers for all USPS locations in the Houston District. (h) Within 14 days of the approval of this Agreement, the Respondent will distribute by electronic mail, inter-office mail, newsletter, bulletin, or in any other fashion by which the Respondent ordinarily communicates with its management and supervisory representatives, the attached notice marked “Appendix B” to all supervisors and managers employed by the Respondent within the Houston District. (i) 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 that the Respondent has taken to comply. (j) Within 14 days of service by the Region, post at its facility located at 240 West Galveston Street, League City, Texas (16-CA-214840); and all of its facilities located in Galveston, Texas (16-CA-216250, 16-CA-219046, 16-CA-223165, 16-CA- 223364), copies of the attached notice marked “Appendix A.” Copies of the notice, on forms provided by Region 16, 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, posting on an intranet or internet site, and/or other electronic means, if the Respondent customarily communicates with its 5 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. Dated, Washington, D.C., March 30, 2021. ____________________________________ Lauren McFerran, Chairman ____________________________________ Marvin E. Kaplan, Member ____________________________________ John F. Ring, Member (SEAL) NATIONAL LABOR RELATIONS BOARD 6 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. The NATIONAL ASSOCIATION OF LETTER CARRIERS BRANCH 283 (NALC) is the collective-bargaining representative of all letter carriers at the 240 West Galveston Street, League City, Texas facility for the purposes of bargaining collectively with us on your behalf. The NATIONAL ASSOCIATION OF LETTER CARRIERS BRANCH 23 (NALC) is the collective-bargaining representative of all letter carriers at the 5826 Broadway Street, Galveston, Texas facility for the purposes of bargaining collectively with us on your behalf. The AMERICAN POSTAL WORKERS UNION LOCAL 185 (APWU) is the collective- bargaining representative of all maintenance employees, motor vehicle employees, postal clerks, mail equipment shop employees, material distribution centers employees, and operating services and facilities services employees at the 601 Tremont Street, Galveston, Texas facility for the purposes of bargaining collectively with us on your behalf. WE WILL NOT refuse to bargain in good faith with NALC, APWU, and/or any other labor organization representing bargaining unit employees by refusing to provide information that is relevant and necessary to its role as your exclusive collective- bargaining representative. WE WILL NOT refuse to bargain collectively with NALC, APWU, and/or any other labor organization representing bargaining unit employees by failing and refusing to furnish and/or by unreasonably delaying in furnishing it with requested information that is 7 relevant and necessary to the Union’s performance of its functions as the collective- bargaining representative of our unit employees. WE WILL NOT in any like or related manner interfere with your rights under Section 7 of the Act. WE WILL provide information to NALC Branch 283 that it requested from the 240 West Galveston Street, League City, Texas facility since January 4, 2018. WE WILL provide information to NALC Branch 23 that it requested from the 5826 Broadway Street, Galveston, Texas facility since January 25, 2018 and March 2, 2018. WE WILL, to the extent we have not already done so, furnish to NALC Branch 23 in a timely manner the information it requested since January 11, 2018; February 17, 2018; and May 26, 2018. WE WILL, to the extent we have not already done so, furnish to APWU Local 185 in a timely manner the information it requested since June 4, 2018. WE WILL bargain in good faith with NALC, APWU, and/or any other labor organization representing bargaining unit employees, as the exclusive collective-bargaining representative of our unit employees at the 240 West Galveston Street, League City, Texas (16-CA-214840); 5826 Broadway Street, Galveston, Texas (16-CA-216250, 16- CA-219046, and 16-CA-223165); and 601 Tremont Street, Galveston, Texas (16-CA- 223364) facilities, and timely provide them with information that is relevant and necessary to its role as your bargaining representative. ALL OUR EMPLOYEES are free to become or remain, or to refrain from becoming or remaining, members of any labor organization. UNITED STATES POSTAL SERVICE The Board’s decision can be found at www.nlrb.gov/case/16-CA-214840 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. 8 APPENDIX B NOTICE TO MANAGEMENT OFFICIALS: Recently, an unfair labor practice charge has been filed against the USPS with the National Labor Relations Board. The charges, filed by postal labor unions representing employees within facilities located at: 240 West Galveston Street, League City, Texas (16-CA-214840); 5826 Broadway Street, Galveston, Texas (16-CA-216250, 16-CA- 219046, and 16-CA-223165); and 601 Tremont Street, Galveston, Texas (16-CA- 223364); have alleged that the USPS has failed to bargain in good faith by refusing to provide requested information to the labor union. In this case, information was not provided in accordance with the National Labor Relations Act. In response, the National Labor Relations Board has determined to issue a complaint alleging that we violated the National Labor Relations Act by failing to provide this information. Please be reminded that the United States Postal Service has a statutory duty to supply information which is relevant and of use to a labor union in fulfilling its duties as exclusive bargaining representative, including its duties to police the contract and to process and investigate grievances. Most information concerning bargaining unit employees that pertains to wages, hours, and terms and conditions of employment is presumptively relevant and must be furnished upon request. Presumptively relevant information includes, but is not limited to, the names of unit employees and their addresses, seniority dates, rates of pay, lists of job classifications and other payroll data, copies of insurance plans/rates in effect, clock rings, personnel action forms, requests for changes of schedule, and other information related to the hours and other terms and conditions of employment of bargaining unit employees. Your failure to provide responsive information or otherwise respond to requests for such information, within a reasonable time, may not only constitute a violation of the National Labor Relations Act, but also may result in disciplinary action against you.