United States Postal Service

National Labor Relations Board - Unpublished Board Decisions

Jul 21, 2015

07-CA-138567 (N.L.R.B. Jul. 21, 2015)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
UNITED STATES POSTAL SERVICE
and Case 07-CA-138567
BRANCH 3126, NATIONAL ASSOCIATION
OF LETTER CARRIERS (NALC), AFL-CIO
DECISION AND ORDER
Statement of the Case
On March 17, 2015, the United States Postal Service (the Respondent), Branch
3126, National Association of Letter Carriers (NALC), AFL-CIO (the Charging 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

1 Members Hirozawa and McFerran 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United States Postal Service, 28-CA-017383 et al., unpublished order issued November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.
Member Johnson would not approve the part of the order requiring the
Respondent to cease and desist from refusing to bargain with “any other labor
organization” at the facilities serviced by the Union, because that asserted violation was
not alleged as part of this case.
2
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 a
facility located at 32455 W. 12 Mile Road, Farmington Hills, Michigan (the Farmington
Hills facility).
The Board has jurisdiction over the Respondent and this matter by virtue of
Section 1209 of the Postal Reorganization Act (39 U.S.C. § 101 et seq.).
2. The labor organization involved
The National Association of Letter Carriers (NALC), AFL-CIO (the National
Union), and the Charging Union are labor organizations within the meaning of Section
2(5) of the Act.
3. The appropriate unit
The following employees of the Respondent (the unit) constitute a unit
appropriate for the purposes of collective bargaining within the meaning of Section 9(b)
of the Act:
All full-time and regular part-time city letter carriers employed by Respondent at
various facilities throughout the United States, but excluding professional
employees, employees engaged in personnel work in other than a purely non-
confidential clerical capacity, postal inspection service employees, employees in
the supplemental work force, rural letter carriers, mail handlers, maintenance
employees, special delivery messengers, motor vehicle employees, postal clerks,
managerial employees, supervisory personnel, and security guards as defined in
Public Law 91-375, 1201(2).
Since about 1990 and 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 January 10, 2013, through May 20,
2016.
At all material times since 1990, based on Section 9(a) of the Act, the National
Union has been the exclusive collective-bargaining representative of the unit.
3
At all material times, the Charging Union has been the designated servicing
representative of the National Union for employees in the unit at the Respondent’s
Farmington Hills facility.
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, Birmingham, Brighton, Clawson,
Farmington Hills, Hazel Park, Royal Oak, Madison Heights Annex, Troy, Novi, South
Lyon, and Walled Lake, Michigan, its officers, agents, successors, and assigns, shall
1. Cease and desist from
(a) Unreasonably delaying in furnishing the Charging Union with relevant
requested information, or in any like or related 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 Charging Union with relevant
requested information, or in any like or related manner refusing to bargain collectively
and in good faith with the Charging Union as the designated servicing representative of
the exclusive collective-bargaining representative for employees in the unit, or any other
labor organization, at its Birmingham, Brighton, Clawson, Farmington Hills, Hazel Park,
Royal Oak, Madison Heights Annex, Troy, Novi, South Lyon, and Walled Lake,
Michigan facilities.
2. Take the following affirmative action.
(a) Upon request, bargain collectively and in good faith with the Charging Union
as the designated servicing representative of the exclusive collective-bargaining
representative for employees in the unit employed at the Respondent’s Farmington
Hills, Michigan facility.
(b) Post appropriate notices at the following Michigan facilities:
Birmingham 1221 Bowers St., Birmingham
Brighton 100 Charles H. Orndorf Dr., Brighton
Cannonsburg 7825 Cannonsburg Rd., NE, Cannonsburg
Clawson 345 N. Main St., Clawson
Farmington Hills2 32455 W. 12 Mile Rd., Farmington Hills
Grand Rapids 225 Michigan St., Grand Rapids

2 Covers Farmington Hills, MI and Farmington, MI.
4
120 Monroe Center St., Grand Rapids
678 Front Avenue, NW, Grand Rapids
1625 Walker Avenue, Grand Rapids
1765 3 Mile Rd., NE, Grand Rapids
1451 Lake Drive, SE, Grand Rapids
Hazel Park 23200 John R. Rd., Hazel Park
Holland 190 E. 8th Street, Holland
Jackson 113 W. Michigan Avenue, Jackson
1104 Jackson Crossing, Jackson
2105 W. Michigan Avenue, Jackson
1821 Spring Arbor Rd., Jackson
303 West Prospect, Jackson
Jonesville 114 Maumee Street, Jonesville
Lansing 4800 Collins Rd., Lansing
3285 Express Ct., Lansing
315 W. Allegan St., Lansing
730 Merrill St., Lansing
Lapeer 567 W. Nepeering St., Lapeer
1555 Demille Rd., Lapeer
Madison Heights Annex 2351 Bellingham Dr., Troy
Mt. Clemens 155 S. Main St., Mt. Clemens
Novi 24875 Novi Rd., Novi
Pontiac 45 Oakland Avenue, Pontiac
735 West Huron St., Pontiac
711 N. Glenwood, Pontiac
Roseville 30330 Gratiot Avenue, Roseville
Royal Oak3 200 W. Second Street, Royal Oak
South Lyon 111 S. Lafayette St., South Lyon
Stanwood 7551 Northland Drive, Stanwood
Troy 2844 Livernois Rd., Troy
Walled Lake4 995 N. Pontiac Trail, Walled Lake
(c) Within 14 days of service by Region 7, post copies of the attached notice
marked as Appendix A at the 37 facilities listed above in paragraph 2(b). Copies of the
notice, on forms provided by Region 7, 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

3 Covers Royal Oak, MI; Berkley, MI; Pleasant Ridge, MI; and Huntington Woods, MI.
4 Covers Walled Lake, MI and Commerce Twp., MI.
5
reasonable steps to ensure that the notices are not altered, defaced, or covered by any
other material.
(d) Within 21 days after service of this Order by the Region, file with the
Regional Director for Region 7 a sworn certification by a responsible official of the
Respondent attesting to the steps that the Respondent has taken to comply.
Dated, Washington, D.C., July 21, 2015
________________________________
Kent Y. Hirozawa, Member
________________________________
Harry I. Johnson, III, Member
________________________________
Lauren McFerran, 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.
WE WILL NOT refuse to bargain collectively and in good faith with Branch 3126,
National Association of Letter Carriers (NALC), AFL-CIO (the Union) as the servicing
representative of the exclusive collective-bargaining representative of our employees in
the following appropriate unit (the unit) employed at our Farmington Hills, Michigan
facility:
All full-time and regular part-time city letter carriers employed by us at various
facilities throughout the United States, but excluding professional employees,
employees engaged in personnel work in other than a purely non-confidential
clerical capacity, postal inspection service employees, employees in the
supplemental work force, rural letter carriers, mail handlers, maintenance
employees, special delivery messengers, motor vehicle employees, postal clerks,
managerial employees, supervisory personnel, and security guards as defined in
Public Law 91-375, 1201(2).
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 our employees in the unit or any
other labor organization at our Birmingham, Brighton, Clawson, Farmington Hills, Hazel
Park, Royal Oak, Madison Heights Annex, Troy, Novi, South Lyon, and Walled Lake,
Michigan facilities.
WE WILL NOT in any like or related manner interfere with your rights under Section 7 of
the Act.
7
WE WILL NOT in any like or related 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 Farmington Hills, Michigan
facility.
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 Farmington Hills, Michigan facility.
UNITED STATES POSTAL SERVICE
The Board’s decision can be found at www.nlrb.gov/case/07-CA-138567 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.