United States Postal Office

National Labor Relations Board - Administrative Judge Opinions

Apr 18, 2007

34-CA-011588 (N.L.R.B. Apr. 18, 2007)

JD(NY)–21−07
Hartford, CT
UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
DIVISION OF JUDGES
NEW YORK BRANCH OFFICE
UNITED STATES POST OFFICE
and Case No. 34-CA-11588(P)
NATIONAL ASSOCIATION OF LETTER CARRIERS,
MERGED BRANCH 86, AFL-CIO
DECISION
Statement of the Case
Joel P. Biblowitz, Administrative Law Judge: This case was submitted to me by a
Joint Motion for Judgment on the Pleadings and for Issuance of Decision and Order, executed
by Counsel for the General Counsel and counsel for the United States Postal Service, herein
called the Respondent. The motion states that the Complaint herein issued on December 29,
2006 and that the Respondent filed a Second Amended Answer on March 16, 2007. The parties
agree that there are no genuine issues of material fact requiring a hearing before an
administrative law judge, and that this matter should be disposed of on the pleadings. The
motion requests that I should issue a Decision and Order with findings of fact and conclusions of
law reflecting that the Respondent violated Section 8(a)(5) of the Act as alleged in paragraphs
12, 13 and 14 of the Complaint. The parties’ further request that the appropriate remedy for the
violations herein should consist of the posting of the notice attached to the motion at the three
postal facilities located in West Hartford, Connecticut, and the main postal facility located at 50
Weston Street, Hartford, Connecticut.
Findings of Fact and Conclusions of Law
1. The charge in this proceeding was filed by National Association of Letter Carriers,
Merged Branch 86, AFL-CIO, herein called the Local Union, on August 30, 2006, and a copy
was served on Respondent by regular mail and facsimile transmission on August 31, 2006.
2. Respondent provides postal services for the United States and operates various
facilities throughout the United States in the performance of that function, including its facility in
West Hartford, Connecticut, herein called the Shield Street facility.
3. The Board has jurisdiction over Respondent and this matter by virtue of Section 1209
of the PRA.
4. At all material times, Respondent has been an employer engaged in commerce within
the meaning of Section 2(2), (6) and (7) of the Act.
5(a). At all material times, the National Association of Letter Carriers, AFL-CIO, herein
called the National Union, has been a labor organization within the meaning of Section 2(5) of
the Act.
(b) At all material times, the Local Union has been a labor organization within the
meaning of Section 2(5) of the Act.
JD(NY)–21−07
5
10
15
20
25
30
35
40
45
50
2
6. At all material times, the following individuals held the positions at the Shield Street
facility which are set forth opposite their respective names and have been supervisors of
Respondent within the meaning of Section 2(11) of the Act and agents of Respondent within the
meaning of Section 2(13) of the Act:
Renee Albert --- Manager, Customer Services
Angelo Patnode --- Supervisor
Sonia Allard --- Supervisor
7. Respondent and the National Union have entered into several successive collective-
bargaining agreements, the most recent of which was effective by its terms from November 21,
2001 through November 20, 2006 (herein called the National Agreement), which provides, inter
alia, for the recognition of the National Union as the exclusive representative of Respondent’s
employees in the following unit:
All employees in the bargaining unit for which the National Union has been recognized
and certified at the national level- City Letter Carriers; excluding those classifications
described in Section 2 of the 2001-2006 National Agreement between the National
Union and the Employer.
8. The unit of employees referred to above in paragraph 7, herein called the Unit,
constitutes a unit appropriate for the purposes of collective bargaining within the meaning of
Section 9(b) of the Act.
9(a). At all material times, based on Section 9(a) of the Act, the National Union has been
the exclusive collective-bargaining representative of the unit.
(b) At all material times, the Local Union has been a constituent part of the National
Union, and has been authorized to act as an agent of the National Union in certain aspects of
collective bargaining for the Unit in connection with the Shield Street facility.
10. Since on or about August 1, 2006, orally, and since on or about August 2, 2006, in
writing, the Local Union has requested that Respondent furnish the Local Union with the
following information: PDI questions for employees Larry Orluk, Wilson Mathews and T. Sullivan
from August 1, 2006.
11. The information requested by the Local Union, as described above in paragraph 10,
is necessary for, and relevant to, the Local Union’s performance of its duties as the exclusive
collective bargaining representative of the Unit.
12. From on or about August 2, 2006, to October 19, 2006, Respondent failed and
refused to furnish the Local Union with the information requested by it as described above in
paragraph 10.
13. Since on or about September 15, 2006, Respondent, by Albert, has falsely
represented that the information requested by the Local Union, as described above in
paragraph 10, does not exist.
JD(NY)–21−07
5
10
15
20
25
30
35
40
45
50
3
14. By the conduct described above in paragraphs 12 and 13, Respondent has been
failing and refusing to bargain collectively and in good faith with the exclusive collective
bargaining representative of its employees within the meaning of Section 8(d) of the Act, in
violation of Section 8(a)(1) and (5) of the Act.
The Remedy
Having found that the Respondent has engaged in certain unfair labor practices, I
recommend that it be ordered to cease and desist from engaging in these activities and that it
be ordered to take certain affirmative action designed to effectuate the policies of the Act, the
posting of the notice herein.
Upon these findings of fact and conclusions of law and on the entire record, I issue the
following recommended1
ORDER
The Respondent, the United States Postal Service, its officers, agents and
representatives, shall:
1. Cease and desist from
(a) Failing and refusing to provide the Local Union, in a timely manner, with requested
information that is relevant to it as the collective bargaining representative of certain of the
Respondent’s employees.
(b) In any like or related manner interfering with, restraining or coercing employees in the
exercise of their rights guaranteed by Section 7 of the Act.
2. Take the following affirmative action designed to effectuate the policies of the Act:
(a) Within 14 days after service by the Region, post at its three postal facilities in West
Hartford, Connecticut, including the Shield Street facility, as well as the main postal facility
located at 50 Weston Street, Hartford, Connecticut, copies of the attached notice marked
“Appendix.”2 Copies of the notice, on forms provided by the Regional Director for Region 34,
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. Reasonable steps shall be taken by the
Respondent to ensure that the notices are not altered, defaced, or covered by any other
material.

1 If no exceptions are filed as provided by Sec. 102.46 of the Board’s Rules and
Regulations, the findings, conclusions, and recommended Order shall, as provided in Sec.
102.48 of the Rules, be adopted by the Board and all objections to them shall be deemed
waived for all purposes.
2 If this Order is enforced by a judgment of a United States court of appeals, the words in the
notice reading “Posted by Order of the National Labor Relations Board” shall read “Posted
Pursuant to a Judgment of the United States Court of Appeals Enforcing an Order of the
National Labor Relations Board.”
JD(NY)–21−07
5
10
15
20
25
30
35
40
45
50
4
(b) 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.
Dated, Washington, D.C., April 18, 2007.
____________________________________
Joel P. Biblowitz
Administrative Law Judge
JD(NY)–21−07
APPENDIX
NOTICE TO EMPLOYEES
Posted by Order of the
National Labor Relations Board
An Agency of the United States Government
The National Labor Relations Board has found that we violated Federal labor law and has
ordered us to post and obey this Notice.
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 do anything that interferes with, restrains or coerces you in the exercise of these
rights. More specifically,
WE WILL NOT fail or refuse to provide National Association of Letter Carriers, Merged Branch
86, AFL-CIO (“the Union”), in a timely manner, with relevant requested information that it needs
to represent you.
WE WILL NOT, in any similar way, interfere with your exercise of the rights listed above.
WE WILL bargain in good faith with the Union by timely providing it with relevant requested
information.
UNITED STATES POSTAL SERVICE
(Employer)
Dated_______________ By____________________________________________________
(Representative) (Title)
The National Labor Relations Board is an independent Federal agency created in 1935 to enforce the National Labor
Relations Act. It conducts secret-ballot elections to determine whether employees want union representation and it
investigates and remedies unfair labor practices by employers and unions. To find out more about your rights under
the Act and how to file a charge or election petition, you may speak confidentially to any agent with the Board’s
Regional Office set forth below. You may also obtain information from the Board’s website: www.nlrb.gov.
280 Trumbull Street, 21st Floor
Hartford, Connecticut 06103-3503
Hours: 8:30 a.m. to 5 p.m.
860-240-3522.
THIS IS AN OFFICIAL NOTICE AND MUST NOT BE DEFACED BY ANYONE
THIS NOTICE MUST REMAIN POSTED FOR 60 CONSECUTIVE DAYS FROM THE DATE OF POSTING AND MUST
NOT BE ALTERED, DEFACED, OR COVERED BY ANY OTHER MATERIAL. ANY QUESTIONS CONCERNING THIS
NOTICE OR COMPLIANCE WITH ITS PROVISIONS MAY BE DIRECTED TO THE ABOVE REGIONAL OFFICE’S
COMPLIANCE OFFICER, 860-240-3528.