National Association Letter Carriers, AFL-CIO (United States Postal Service)

National Labor Relations Board - Board Decisions

Apr 12, 2017

20-CB-183754 (N.L.R.B. Apr. 12, 2017)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
NATIONAL ASSOCIATION OF
LETTER CARRIERS, AFL-CIO
(UNITED STATES POSTAL SERVICE)
and Case 20-CB-183754
ANNETTE IRWIN
and Case 20-CB-188310
CHRIS VANOURKERK
NATIONAL ASSOCIATION OF LETTER
CARRIERS, LOCAL BRANCH 627
(UNITED STATES POSTAL SERVICE)
and Case 20-CB-191443
CHRIS VANOURKERK
ORDER
The Motion for Summary Judgment filed by Respondent National Association of
Letter Carriers, Local Branch 627 in Case 20-CB-191443 is denied. The Respondent
has failed to establish that there are no genuine issues of material fact warranting a
hearing and that it is entitled to judgment as a matter of law.1

1 Acting Chairman Miscimarra agrees with the denial of the Respondent’s motion as
stated in the Board’s Order. As he stated in L’Hoist North America of Tennessee, Inc.,
362 NLRB No. 110, slip op. at 3 (2015) (concurring), “in response to a motion for
summary judgment, I believe that the General Counsel at least must explain in
reasonably concrete terms why a hearing is required. Under the standard that governs
summary judgment determinations, this will normally require the General Counsel to
identify material facts that are genuinely in dispute.” See also Trinity Technology
Group, Inc., 364 NLRB No. 133, slip op. at 1-2 (2016) (Member Miscimarra, concurring);
Leukemia & Lymphoma Society, 363 NLRB No. 124, slip op. at 2 (2016) (Member
Miscimarra, dissenting). In the instant case, the General Counsel has described, in
2
Dated, Washington, D.C., April 12, 2017.
PHILIP A. MISCIMARRA, ACTING CHAIRMAN
MARK GASTON PEARCE, MEMBER
LAUREN McFERRAN, MEMBER

reasonably concrete terms, why, based on material facts that are genuinely in dispute, a
hearing is required.