United States Postal Service

National Labor Relations Board - Unpublished Board Decisions

Apr 17, 2018

15-CA-150925 (N.L.R.B. Apr. 17, 2018)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
UNITED STATES POSTAL SERVICE
and Cases 15-CA-150925
15-CA-151808
AMERICAN POSTAL WORKERS UNION,
AFL-CIO, NEW ORLEANS LOCAL 83
and 15-CA-160098
NATIONAL ASSOCIATION OF LETTER
CARRIERS, BRANCH 2730
DECISION AND ORDER
Statement of the Cases
On October 19, 2017, the United States Postal Service (the Respondent), the
American Postal Workers Union, AFL-CIO, New Orleans Local 83 (APWU Local 83),
the National Association of Letter Carriers, Branch 2730 (NALC Branch 2730), and the
General Counsel of the National Labor Relations Board entered into a Formal
Settlement Stipulation, subject to Board 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 We 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017383 et al., unpublished order issued November 4, 2002, enfd.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,
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 United States Postal Service (the Respondent) provides postal services for
the United States and operates various facilities throughout the United States in
performing that function, including its facility located at 701 Loyola Avenue, New
Orleans, Louisiana 70113 (Loyola facility); and its facility located at 406 Gretna
Boulevard, Gretna, Louisiana 70053 (Gretna facility).
The Board has jurisdiction over the Respondent and this matter by virtue of
Section 1209 of the Postal Reorganization Act (PRA), 39 U.S.C. § 101 et seq.
2. The labor organizations involved
The American Postal Workers Union, Local 83 (APWU Local 83) is a labor
organization within the meaning of Section 2(5) of the National Labor Relations Act, 29
U.S.C. § 151 et seq. (Act) and acts as local agent of the exclusive bargaining
representative and national union known as the American Postal Workers Union
(APWU).
The National Association of Letter Carriers, Branch 2730 (NALC Branch 2730) is
a labor organization within the meaning of Section 2(5) of the National Labor Relations
Act, 29 U.S.C. § 151 et seq., and acts as local agent of the exclusive bargaining
representative and national union known as the National Association of Letter Carriers
(NALC).
3. The bargaining units
The following employees of the Respondent constitute a unit (NALC Unit)
appropriate for the purposes of collective bargaining within the meaning of Section 9(b)
of the Act:
All city letter carriers, excluding all 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, 1201(2); all Postal Inspection Service employees; employees in the
supplemental work force as defined in Article 7 of the parties’ collective
bargaining agreement; rural letter carriers; mail handlers; maintenance

remain in effect, and the Board’s approval of this stipulation does not modify these
orders in any respect.
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employees; special delivery messengers; motor vehicle employees; and Postal
clerks.
Since at least 1990, a more specific date currently unknown to the General
Counsel, and at all material times, the Respondent has recognized NALC Branch 2730,
as the agent of the National Association of Letter Carriers, AFL-CIO (NALC), the
exclusive collective-bargaining representative of the NALC Unit. This recognition has
been embodied in successive collective-bargaining agreements, the most recent of
which is effective from January 10, 2013 to May 20, 2016.
The following employees of the Respondent constitute a unit (APWU Unit)
appropriate for the purposes of collective bargaining within the meaning of Section 9(b)
of the Act:
Included: Maintenance employees, motor vehicle employees, postal clerks,
special delivery messengers, mail equipment shops employees, material
distribution centers employees, and operating services and facilities services
employees. Excluded: 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,
1201(2), all postal inspection service employees, rural letter carriers, mail
handlers, and letter carriers.
At all material times, the Respondent has recognized the APWU Local 83 as the
agent of the American Postal Workers Union, AFL-CIO (National Union), the exclusive
collective-bargaining representative of the APWU Unit. This recognition has been
embodied in successive collective-bargaining agreements, the most recent of which is
effective from May 15, 2015 to September 20, 2018.
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, 701 Loyola Avenue, New
Orleans, Louisiana 70113, its officers, agents, successors, and assigns, shall
1. Cease and desist from
(a) Failing and refusing to bargain in good faith with the exclusive
representative of its APWU Local 83-represented employees in a unit appropriate for
collective bargaining by failing and refusing to furnish APWU Local 83, in a timely
manner, information requested by APWU Local 83, which is relevant to and necessary
for APWU Local 83’s representation of the APWU Unit employees.
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(b) Failing and refusing to bargain in good faith with the exclusive
representative of its American Postal Workers Union, Local 83-represented employees
in a unit appropriate for collective bargaining by failing and refusing to furnish APWU
Local 83 information requested by APWU Local 83, which is relevant to and necessary
for APWU Local 83’s representation of the APWU Unit employees.
(c) 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 necessary to effectuate the policies of
the Act:
(a) Cease failing and refusing to bargain in good faith with the exclusive
representative of its APWU Local 83-represented employees by informing, in writing,
APWU Local 83 that the Respondent will timely provide it with relevant requested
information in the future, and that APWU Local 83 may request relevant information
from the Respondent.
(b) Conduct a prompt and diligent search for information requested by
APWU Local 83, and timely provide APWU Local 83 with the requested information.
(c) Waive for 60 days following issuance of the Board’s Order or the
Employer providing the requested information, whichever is longest, any contractual
deadlines for filing and pursuing grievances related to the requested information, where
APWU and/or APWU Local 83 missed those deadlines due to the Respondent’s delay
in providing the information and/or not informing APWU or APWU Local 83 the
information does not exist.
(d) Upon request, bargain collectively with APWU Local 83 as the
exclusive representative of all its APWU Unit employees, with respect to rates of pay,
wages, hours of employment and other conditions of employment, and if an
understanding is reached, reduce it to writing and sign it.
(e) Preserve, and within 14 days of request, make available to the Board
or its agents for examination and copying, all records necessary to determine the
Respondent has complied with the terms of this Order.
(f) Within 14 days of service by the Region, post at its 701 Loyola
Avenue, New Orleans, Louisiana 70113 facility, copies of the attached notice marked
“Appendix A.” Copies of the notice, on forms provided by Region 15, 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, notices shall be distributed electronically, such as by email, posting on an
intranet or an internet site, and/or other electronic means, if the Respondent customarily
communicates with its employees by such means. The Respondent will take
5
reasonable steps to ensure that the notices are not altered, defaced, or covered by any
other material. In the event that, during the pendency of these proceedings, the
Respondent has closed the facility involved in these proceedings, the Respondent shall
duplicate and mail, at its own expense, a copy of the notice to all current and former
employees employed by the Respondent at the closed facility at any time since August
23, 2013.
(g) 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.
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, 406 Gretna Boulevard, Gretna,
Louisiana 70053, its officers, agents, successors, and assigns, shall
3. Cease and desist from
(a) Failing and refusing to bargain in good faith with the exclusive
representative of its NALC Branch 2730-represented employees in a unit appropriate for
collective bargaining by failing and refusing to furnish NALC Branch 2730, in a timely
manner, information requested by NALC Branch 2730, which is relevant to and
necessary for NALC Branch 2730’s representation of the NALC Unit employees.
(b) Failing and refusing to bargain in good faith with the exclusive
representative of its NALC Branch 2730-represented employees in a unit appropriate for
collective bargaining by failing and refusing to furnish NALC Branch 2730 information
requested by NALC Branch 2730 which is relevant to and necessary for NALC Branch
2730’s representation of the NALC Unit employees.
(c) 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.
4. Take the following affirmative action necessary to effectuate the policies of
the Act:
6
(a) Cease failing and refusing to bargain in good faith with the exclusive
representative of its NALC Branch 2730-represented employees by informing, in writing,
NALC Branch 2730 that the Respondent will timely provide it with relevant requested
information in the future, and that NALC Branch 2730 may request relevant information
from the Respondent.
(b) Conduct a prompt and diligent search for information requested by
NALC Branch 2730, and timely provide NALC Branch 2730 with the requested
information.
(c) Waive, for 60 days following issuance of the Board’s Order or the
Employer providing the requested information, whichever is longest, any contractual
deadlines for filing and pursuing grievances related to the requested information, where
NALC and/or NALC Branch 2730 missed those deadlines due to the Respondent’s
delay in providing the information and/or not informing NALC or NALC Branch 2730 the
information does not exist.
(d) Upon request, bargain collectively with NALC Branch 2730 as the
exclusive representative of all its NALC Unit employees, with respect to rates of pay,
wages, hours of employment and other conditions of employment, and if an
understanding is reached, reduce it to writing and sign it.
(e) Preserve, and within 14 days of request, make available to the Board
or its agents for examination and copying, all records necessary to determine the
Respondent has complied with the terms of this Order.
(f) Within 14 days of service by the Region, post at its 406 Gretna
Boulevard, Gretna, Louisiana 70053 facility, copies of the attached notice marked
“Appendix B.” Copies of the notice, on forms provided by Region 15, 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, notices shall be distributed electronically, such as by email, posting on an
intranet or an 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. In the event that, during the pendency of these proceedings, the
Respondent has closed the facility involved in these proceedings, the Respondent shall
duplicate and mail, at its own expense, a copy of the notice to all current and former
employees employed by the Respondent at the closed facility at any time since August
23, 2013.
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(g) 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 17, 2018.
___________________________________
Mark Gaston Pearce, Member
___________________________________
Lauren McFerran, Member
___________________________________
William J. Emanuel, 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.
The American Postal Workers Union, AFL-CIO (National Union) is the employees’
representative in dealing with us regarding wages, hours, and other working conditions
of the employees in the following unit (Unit):
Included: Maintenance employees, motor vehicle employees, postal
clerks, special delivery messengers, mail equipment shops employees,
material distribution centers employees, and operating services and
facilities services employees. Excluded: 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, 1201(2), all postal inspection
service employees, rural letter carriers, mail handlers, and letter carriers.
WE WILL NOT, upon request, refuse to bargain in good faith with American Postal
Workers Union, AFL-CIO, New Orleans Local 83 (APWU Local 83) as the National
Union’s designated agent for administering the collective-bargaining agreement at the
Employer’s facility located at 701 Loyola Avenue, New Orleans, Louisiana (Loyola
facility).
WE WILL NOT refuse to provide APWU Local 83 with information that is relevant and
necessary to its role as your bargaining representative.
WE WILL NOT unreasonably delay in providing APWU Local 83 with information that is
relevant and necessary to its role as your bargaining representative.
9
WE WILL NOT unreasonably delay in responding to APWU Local 83 with regard to
requested information that is relevant and necessary to its role as your bargaining
representative.
WE WILL NOT fail to respond to APWU Local 83 with regard to requested information
that is relevant and necessary to its role as your bargaining representative.
WE WILL NOT delay in diligently searching for information requested by APWU Local
83 that is relevant and necessary to its role as your bargaining representative.
WE WILL NOT in any like or related manner interfere with, restrain, or coerce you in the
exercise of the rights guaranteed to you by Section 7 of the Act.
WE WILL, upon request, bargain in good faith with the APWU Local 83 as the National
Union’s agent for administering the collective-bargaining agreement at the Loyola
facility.
WE WILL, within 14 days of the posting of this notice, provide APWU Local 83 with the
information it requested, if we have not already done so, as alleged in the Order
Consolidating Cases, Consolidated Complaint and Notice of Hearing issued September
27, 2016, which information is relevant and reasonably necessary for APWU Local 83 to
administer the collective-bargaining agreement and to process pending grievances.
WE WILL, in a timely manner, notify APWU Local 83 that requested information is not
available because it does not exist or that we need an extension of time to gather
requested information that is relevant and necessary for it to perform its duties as the
National Union’s agent.
WE WILL waive, for 60 days following issuance of the Board’s Order or our providing
the requested information, whichever is longest, any contractual deadlines for filing and
pursuing grievances related to the requested information, where the National Union or
APWU Local 83 missed those deadlines due to our failure to provide or delay in
providing the requested information and/or informing the National Union or APWU Local
83 that the information does not exist.
10
WE WILL, in a timely manner, diligently search for information requested by APWU
Local 83 that is relevant and necessary for it to perform its duties as the National
Union’s agent.
UNITED STATES POSTAL SERVICE
The Board’s decision can be found at www.nlrb.gov/case/15-CA-150925 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.
11
APPENDIX B
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.
The National Association of Letter Carriers (National Union) is the employees’
representative in dealing with us regarding wages, hours, and other working conditions
of the employees in the following unit (Unit):
All city letter carriers, excluding all 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, 1201(2); all Postal Inspection Service employees;
employees in the supplemental work force as defined in Article 7 of the
parties’ collective bargaining agreement; rural letter carriers; mail
handlers; maintenance employees; special delivery messengers; motor
vehicle employees; and Postal clerks.
WE WILL NOT, upon request, refuse to bargain in good faith with the National
Association of Letter Carriers, Branch 2730 (NALC, Branch 2370) as the National
Union’s designated agent for administering the collective-bargaining agreement at the
Employer’s facility located at 406 Gretna Boulevard, Gretna, Louisiana (Gretna facility).
WE WILL NOT refuse to provide NALC, Branch 2370 with information that is relevant
and necessary to its role as your bargaining representative.
WE WILL NOT unreasonably delay in providing NALC, Branch 2370 with information
that is relevant and necessary to its role as your bargaining representative.
12
WE WILL NOT unreasonably delay in responding to NALC, Branch 2370 with regard to
requested information that is relevant and necessary to its role as your bargaining
representative.
WE WILL NOT delay in diligently searching for information requested by NALC, Branch
2370 that is relevant and necessary to its role as your bargaining representative.
WE WILL NOT in any like or related manner interfere with, restrain, or coerce you in the
exercise of the rights guaranteed to you by Section 7 of the Act.
WE WILL, upon request, bargain in good faith with NALC, Branch 2370 as agent for
administering the collective-bargaining agreement at the Gretna facility.
WE WILL, in a timely manner, notify NALC, Branch 2370 that requested information is
not available because it does not exist or that we need an extension of time to gather
requested information that is relevant and necessary for it to perform its duties as the
National Union’s agent.
WE WILL, in a timely manner, diligently search for information requested by NALC,
Branch 2370 that is relevant and necessary for it to perform its duties as the National
Union’s agent.
UNITED STATES POSTAL SERVICE
The Board’s decision can be found at www.nlrb.gov/case/15-CA-150925 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.