United States Postal Service

National Labor Relations Board - Unpublished Board Decisions

Jul 21, 2021

12-CA-271703 (N.L.R.B. Jul. 21, 2021)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
UNITED STATES POSTAL SERVICE
and Case 12-CA-271703
NATIONAL ASSOCIATION OF LETTER
CARRIERS, BRANCH 1172, AFL-CIO
DECISION AND ORDER
Statement of the Case
On June 25, 2021, the United States Postal Service (the Respondent); National
Association of Letter Carriers, Branch 1172, AFL-CIO (Branch 1172); and the Acting 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.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(10th Cir. 2007); United States Postal Service, 28-CA-017383 et al., unpublished order issued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 is engaged in the business of providing postal services for the United
States of America, and operates various facilities throughout the United States in performing that
function, including its facility located at 3607 N. Monroe Street, Tallahassee, Florida (the Lake
Jackson Post Office). The Board has jurisdiction over the Respondent and this case 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, Branch 1172 and National Association of Letter Carriers, AFL-CIO
(NALC) have each been labor organizations 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, 3607 N. Monroe Street, Tallahassee,
Florida (the Lake Jackson Post Office), its officers, agents, successors, and assigns, shall
1. Cease and desist from
(a) Unreasonably delaying in providing, or failing or refusing to provide,
National Association of Letter Carriers, AFL-CIO (NALC) or its local unions, including
National Association of Letter Carriers, Branch 1172, AFL-CIO (Branch 1172), with
requested information that is relevant and necessary to NALC’s role as the exclusive
collective-bargaining representative of the employees in the following unit:
All employees in the bargaining unit for which NALC has been recognized and
certified at the national level – City Letter Carriers, employed by the United
States Postal Service, excluding managerial and supervisory personnel,
professional employees, employees engaged in personnel work in other than a
purely non-confidential capacity, security guards as defined in Public Law 91–
375, 1201(2), Postal Inspection Service employees, employees in the
supplemental work forces as defined in Article 7 of the collective-bargaining
agreement between Respondent and NALC, rural letter carriers, mail handlers,
maintenance employees, Special Delivery Messengers, Motor Vehicle Employees
and Postal Clerks.
(b) In any like or related manner interfering with, restraining, or coercing employees in
the exercise of the rights guaranteed them in Section 7 of the Act.
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2. Take the following affirmative action necessary to effectuate the policies of the Act.
(a) Upon request, provide Branch 1172 with information that is necessary and relevant to
the performance of NALC’s duties as the exclusive collective-bargaining representative of the
Respondent’s employees in the above unit, in a timely and appropriate manner.
(b) Waive any contractual deadlines for filing and pursuing grievances related to the
requested information that Branch 1172 missed due to the Respondent’s delay in providing the
information requested as described in paragraphs 6(a), 6(b)(i), 6(b)(ii), 6(d), and 6(e) of the
Amended Complaint in Case 12-CA-271703 until 30 days after the issuance of the Board’s
Order in this case.
(c) After issuance of the Board’s Order and within 14 days of service by the Region, post
at the United States Postal Service facility located at 3607 N. Monroe Street, Tallahassee, Florida
(the Lake Jackson Post Office), copies of the attached notice marked "Appendix" (the Notice).
Copies of the Notice, on forms provided by Region 12, after being signed and dated 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 at the Lake Jackson Post Office. The Respondent will take reasonable steps
to ensure that the Notices are not altered, defaced, or covered by any other material.
(d) After issuance of the Board’s Order and within 14 days of service by the Region,
distribute the Notice electronically, such as by email, posting on an intranet or internet site,
and/or other electronic means, if the Respondent customarily communicates by such means with
its employees employed at the United States Postal Service facility located at 3607 N. Monroe
Street, Tallahassee, Florida (the Lake Jackson Post Office).
(e) After issuance of the Board’s Order and within 14 days of service by the Region,
provide a copy of any Board Order and Notice to Employees to all of its supervisors and
managers who are involved in the processing of information requests to the Respondent made by
Branch 1172 at the United States Postal Service facility located at 3607 N. Monroe Street,
Tallahassee, Florida (the Lake Jackson Post Office).
(f) Notify union stewards of Branch 1172 and the stewards of other unions that represent
employees of the Respondent at the United States Postal Service facility located at 3607 N.
Monroe Street, Tallahassee, Florida (the Lake Jackson Post Office) when the manager or
supervisor who is designated to receive requests for information at the facility has changed, and
provide those stewards with the name of the newly designated manager or supervisor.
(g) Within 21 days from the date of the Board’s Order, file with the Regional Director
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for Region 12 a sworn certification of a responsible official on a form provided by the Region
attesting to the steps the Respondent has taken to comply.
Dated, Washington, D.C., July 21, 2021.
________________________________________
Lauren McFerran, Chairman
________________________________________
Marvin E. Kaplan, Member
________________________________________
John F. Ring, 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 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 fail or refuse to bargain collectively with National Association of Letter
Carriers, AFL-CIO, Branch 1172 (Branch 1172) by failing or refusing to provide, or
unreasonably delaying in providing, Branch 1172 with requested information that is relevant
and necessary to the performance of the duties of National Association of Letter Carriers, AFL-
CIO (NALC), the exclusive collective-bargaining representative of our employees in the
following unit:
All employees in the bargaining unit for which NALC has been recognized and
certified at the national level – City Letter Carriers, employed by the United
States Postal Service, excluding managerial and supervisory personnel,
professional employees, employees engaged in personnel work in other than a
purely non-confidential capacity, security guards as defined in Public Law 91–
375, 1201(2), Postal Inspection Service employees, employees in the
supplemental work forces as defined in Article 7 of the collective-bargaining
agreement between Respondent and NALC, rural letter carriers, mail handlers,
maintenance employees, Special Delivery Messengers, Motor Vehicle Employees
and Postal Clerks.
WE WILL NOT in any like or related manner interfere with, restrain, or coerce employees in
their exercise of the above stated rights guaranteed under Section 7 of the National Labor
Relations Act.
WE WILL, upon request, provide Branch 1172 with information that is necessary and relevant
to the performance of NALC’s duties as the exclusive collective-bargaining representative of our
employees in the above unit, in a timely and appropriate manner.
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WE WILL waive contractual deadlines for the filing and pursuit of grievances related to certain
information requested by Branch 1172 as required by the Board’s Order in this matter.
UNITED STATES POSTAL SERVICE
The Board’s decision can be found at www.nlrb.gov/case/12-CA-271703 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.