United States Postal Service

National Labor Relations Board - Unpublished Board Decisions

Jul 27, 2016

07-CA-166361 (N.L.R.B. Jul. 27, 2016)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
UNITED STATES POSTAL SERVICE
and Case 07-CA-166361
LOCAL 486-487 AMERICAN POSTAL
WORKERS UNION (APWU), AFL-CIO
ORDER1
The General Counsel’s Request for Special Permission to Appeal Administrative
Law Judge Christine E. Dibble’s ruling approving the Charging Party’s request to
withdraw its charge in this case and approving a non-Board settlement agreement
settling the complaint allegations is granted. On the merits, the appeal is denied. We
agree with the judge’s conclusion that the settlement agreement comports with the
standards set forth in Independent Stave Co., 287 NLRB 740, 741 (1987). Therefore,
the judge did not err in approving the settlement, and her ruling is affirmed.2
Dated, Washington, D.C., July 27, 2016
PHILIP A. MISCIMARRA, MEMBER
KENT Y. HIROZAWA, MEMBER
LAUREN McFERRAN, MEMBER

1 The National Labor Relations Board has delegated its authority in this proceeding to a
three-member panel.
2 Despite the absence of an enforcement mechanism in the settlement, should there be
a breach of the agreement or allegations of post-settlement violations of the Act, it
remains within the Board’s power not only to consider any new allegations, but also to
reinstate the charges and complaint which are the subjects of this settlement. See, e.g.,
NLRB v. Arrow Specialties, Inc. 437 F.2d 522 (8th Cir. 1971); NLRB v. Southeastern
Stages, Inc., 423 F.2d 78 (5th Cir. 1970). This principle applies to non-Board
settlements as well as to settlements to which the Board is a party. American Postal
Workers Union, Local 735, 340 NLRB 1363, 1364 (2003); Milk Marketing Inc., 292
NLRB 47 (1988); Norris Concrete Materials, Inc., 282 NLRB 289 (1986).