United States Postal Service

National Labor Relations Board - Unpublished Board Decisions

Mar 16, 2015

07-CA-135950 (N.L.R.B. Mar. 16, 2015)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
UNITED STATES POSTAL SERVICE
and Case 07-CA-135950
SOUTHWEST MICHIGAN AREA
LOCAL 143, AMERICAN POSTAL
WORKERS UNION, AFL-CIO
DECISION AND ORDER
Statement of the Case
On January 7, 2015, the United States Postal Service (the Respondent),
Southwest Michigan Area Local 143, American Postal Workers Union, AFL-CIO
(APWU Local 143 or the Union), 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, 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
The Respondent provides postal services for the United States and operates
various facilities throughout the United States in performing that function, including
facilities located in Southwest Lower Michigan and Kalamazoo, Michigan.

1 Member Johnson would not approve the part of the order requiring the Respondent to
cease and desist from failing to bargain with “any other labor organization” because that
asserted violation was not alleged as part of this case.
2
The Board has jurisdiction over Respondent and this matter by virtue of Section 1209 of
Postal Reorganization Act, 39 U.S.C. Sect 101 et. seq.
2. The labor organization involved
The American Postal Workers Union, AFL-CIO (APWU) (the National Union),
and APWU Local 143 are labor organizations within the meaning of Section 2(5) of the
Act.
3. The appropriate unit
1. The employees of the Respondent described in Article 1 (Union Recognition)
of the collective-bargaining agreement between the Respondent and the National Union
described below in paragraph 2 (the Unit), constitute a unit appropriate for the purposes
of collective bargaining within the meaning of Section 9(b) of the Act.
2. At all material times, the Respondent has recognized the National Union as
the exclusive collective-bargaining representative of the Unit. This recognition has been
embodied in successive collective-bargaining agreements, the most recent of which is
effective by its terms from November 21, 2010 through May 20, 2015.
3. At all material times, the National Union has been the exclusive collective-
bargaining representative of the Unit within the meaning of Section 9(a) of the Act.
4. At all material times, APWU Local 143 has been the designated servicing
representative of the National Union for employees in the Unit employed at
Respondent’s Southwest Lower Michigan and Kalamazoo, Michigan facilities.
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, Kalamazoo, Michigan, its officers,
agents, successors, and assigns, shall
1. Cease and desist from
(a) Unreasonably delaying in furnishing the Union with relevant requested
information, or in any other manner interfering with, restraining, or coercing its
employees in the exercise of rights guaranteed in Section 7 of the Act.
(b) Unreasonably delaying in furnishing the Union with relevant requested
information, or in any other manner refusing to bargain collectively and in good faith with
the Union as the servicing agent of the exclusive collective-bargaining representative of
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the Unit or any other labor organization at its Kalamazoo, Michigan facilities as listed
below in paragraph 2(b).
2. Take the following affirmative action necessary to effectuate the policies of the
Act.
(a) Upon request, bargain collectively and in good faith with the Union as the
servicing representative of the exclusive collective-bargaining representative for
employees in the Unit employed at the Respondent’s Kalamazoo, Michigan area
facilities, as described below in subparagraph (b).
(b) Within 14 days of service by the Region, post copies of the attached notice
marked as Appendix A at the following facilities:
Kalamazoo Arcadia Branch 310 East Michigan Avenue, Kalamazoo
Kalamazoo P.O. 1121 Miller Road, Kalamazoo
Kalamazoo Parchment Branch 839 Commerce Lane, Kalamazoo
Kalamazoo Westwood Branch 167 North Drake Road, Kalamazoo
Oshtemo 3885 South 9th Street, Kalamazoo
Copies of the notice, on forms provided by the Region Seven, 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 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.
(c) Within 21 days after service of this order by the Region, file with the Regional
Director a sworn certification by a responsible Respondent official attesting to the steps
that the Respondent has taken to comply.
Dated, Washington, D.C., March 16, 2015.
___________________________________
Kent Y. Hirozawa, Member
___________________________________
Harry I. Johnson, III, Member
___________________________________
Lauren McFerran, Member
(SEAL) NATIONAL LABOR RELATIONS BOARD
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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.
WE WILL NOT refuse to bargain collectively and in good faith with Southwest Michigan
Area Local 143, American Postal Workers Union (APWU), AFL-CIO (the Union) as the
servicing representative of the exclusive collective-bargaining representative of our
employees in the following appropriate Unit at our Kalamazoo, Michigan facilities:
All employees in the bargaining Unit for which the American Postal
Workers Union, AFL-CIO, has been recognized and certified at the
national level, 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, Section 1201(2), all Postal Inspection Service
Employees, employees in the supplemental work force as defined in
Article 7, Rural Letter Carriers, Mail handlers, and Letter carriers.
WE WILL NOT unreasonably delay providing necessary and relevant information
requested by the Union to perform its responsibilities as the servicing representative of
the exclusive collective-bargaining representative of representative of our employees in
the Unit or any other labor organization at our Kalamazoo, Michigan facilities.
WE WILL NOT in any like or related manner interfere with your rights under Section 7 of
the Act.
WE WILL NOT in any other manner fail and refuse to bargain collectively and in good
faith with the Union as the servicing representative of the exclusive collective-bargaining
representative of our employees in the Unit at our Kalamazoo, Michigan facilities.
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WE WILL, upon request, bargain collectively and in good faith with the Union as the servicing
representative of the exclusive collective-bargaining representative of our employees in the
Unit at our Kalamazoo, Michigan facilities.
UNITED STATES POSTAL SERVICE
The Board’s decision can be found at www.nlrb.gov/case/07-CA-135950 or by using the
QR code below. Alternatively, you can obtain a copy of the decision from the Executive
Secretary, National Labor Relations Board, 1099 14th Street, N.W., Washington, D.C.
20570, or by calling (202) 273-1940.