United States Postal Service

National Labor Relations Board - Board Decisions

Sep 9, 2016

10-CA-158384 (N.L.R.B. Sep. 9, 2016)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
UNITED STATES POSTAL SERVICE
and Cases 10-CA-158384
10-CA-158392
AMERICAN POSTAL WORKERS UNION, 10-CA-158647
BIRMINGHAM LOCAL 303 10-CA-160162
and Cases 10-CA-166665
10-CA-166672
AMERICAN POSTAL WORKERS UNION, 10-CA-166673
NORTH ALABAMA AREA LOCAL 359 10-CA-166679
DECISION AND ORDER
Statement of the Cases
On May 5, 2016, the United States Postal Service (the Respondent), American
Postal Workers Union, Birmingham Local 303 (APWU Local 303), American Postal
Workers Union, North Alabama Area Local 359 (APWU Local 359) (collectively, the
Unions), 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017383 et al., unpublished order issued November 4, 2002, enfd.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,
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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 is and has been, at all times material herein, an independent
establishment of the Executive Branch of the Government of the United States and
operates various facilities throughout the United States and the State of Alabama in the
performance of its basic function to provide postal services to the Nation, including its
facilities in Birmingham, Decatur, and Vincent, Alabama, and certain other facilities
throughout the State of Alabama (the Respondent’s facilities), the facilities involved in
this settlement and the underlying proceedings. The Respondent is now and has been,
at all material times, an entity subject to the Board’s jurisdiction by virtue of Section
1209 of the Postal Reorganization Act (PRA) (39 U.S.C. § 101 et seq.).
2. The labor organizations involved
At all material times, American Postal Workers Union (APWU) has been a labor
organization within the meaning of Section 2(5) of the Act.
At all material times, APWU Local 303 and APWU Local 359 have been agents
of APWU, acting on behalf of APWU, within the meaning of Section 2(13) of the Act.
At all material times, by virtue of Section 9(a) of the Act, APWU has been, and is
now, the exclusive bargaining representative for the purpose of collective bargaining
with respect to rates of pay, wages, hours of employment, and other terms and
conditions of employment of employees in an appropriate unit as set forth in Article 1 of
the current National Agreement between the Respondent and APWU, including
employees employed by the Respondent at its facilities set forth in Appendix 2.
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, at various locations in Alabama
as set forth in Appendix 2, its officers, agents, successors, and assigns, shall

remain in effect, and the Board’s approval of this stipulation does not modify these
orders in any respect.
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1. Cease and desist from
(a) Refusing to bargain collectively and in good faith with APWU Local 303 and
APWU Local 359, and/or any other labor organizations (collectively referred to as “the
Unions”) representing bargaining unit employees at any of the Respondent’s facilities
set forth in Appendix 2, by refusing or unduly delaying furnishing information that is
relevant and necessary to the performance of the Unions’ duties as the exclusive
bargaining representatives of employees at the facilities described above.
(b) In any like or related manner interfering with, restraining, or coercing
employees in the exercise of the rights guaranteed them by Section 7 of the Act.
2. Take the following affirmative action necessary to effectuate the policies of the
Act:
(a) Upon request, provide the Unions with necessary and relevant information in
a timely and appropriate manner.
(b) Waive, for 30 days following issuance of the Board’s Order, any contractual
deadlines for filing and pursuing grievances related to the requested information, where
the Unions missed contractual deadlines due to the Respondent’s delay or refusal in
providing the information.
(c) For the Respondent’s facilities set forth in Appendix 2, the Respondent will
maintain a log in which it will immediately record each information request tendered by
the Unions upon receipt of such requests, orally or in writing. These logs shall include
the following information: a brief description of the information requested; the name of
the individual who is making the request; the name of the supervisor, manager, or
designated management official (DMO) who received the request; the date the request
was made; and the date that the Respondent provided the Unions with the requested
information, or upon which the Respondent’s manager, supervisor, or DMO responded
to the Union with an explanation for any anticipated delay. If the Respondent, having
reviewed the documents requested, believes that the Respondent will need additional
time, the manager, supervisor, or DMO will inform the Unions in writing, requesting
additional time and explaining the need for the additional time. Such responses shall be
recorded in the information request logs.
(d) Each manager, supervisor, or DMO who is designated to receive union
requests for information for the Respondent’s facilities set forth in Appendix 2 will
receive annual training that encompasses how to maintain the log and how to tender the
relevant information requested by the Unions, and each such management official will
sign an acknowledgement form attesting to the fact that he or she has completed said
training. A copy of this acknowledgement form shall be maintained in the official’s
training and history files. Union stewards will be granted access to the logs, upon
request. Supervisors, managers, or DMOs who unreasonably fail to supply relevant
information to the Unions will have this fact mentioned in the “corrective action” column
of the quarterly audit report provided to the USPS district manager, the USPS District
manager of human resources, USPS labor relations, the USPS Law Department NLRB
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Unit, and to the Compliance Officer for NLRB Region 10. Repeated violations could
lead to discipline of said supervisor or manager.
(e) The Respondent will formally assign responsibility for monitoring its
information request response process to a designated management official and will hold
such official(s) accountable for adherence to the provisions of this agreement. The
DMO(s) will report, on a quarterly basis, to the Respondent’s District Manager (DM) and
to the Respondent’s Law Department NLRB Unit, every request for information to which
the Respondent has not made a response within seven days, with a copy of each such
request, copies of any responses made to the requesting union, and an explanation as
to why the information has not been provided, or a response made, within seven days.
Failure by the Respondent’s supervisors and managers to adequately cooperate with
the assigned DMO(s) or any failure by the assigned DMO(s) that causes either an
unprivileged or unwarranted failure to provide requested information or causes an
unreasonable delay in providing such information to the requesting union, will subject
the responsible DMO(s), supervisor and/or manager to discipline by the Respondent as
may be appropriate in light of the relevant facts and circumstances, consistent with
applicable state and federal laws and regulations.
(f) Union stewards at the Respondent’s facilities set forth in Appendix 2 must be
notified when the manager, supervisor, or DMO who is designated to receive requests
for information for their particular facility has changed.
(g) The Respondent’s legal department or its labor relations department shall
conduct quarterly audits of the logs at each of the Respondent’s facilities set forth in
Appendix 2 to ensure that the information requested by the Unions is being handled in a
timely and appropriate manner, and to ensure the logs are being properly maintained.
Within ten days following each audit, the legal department or labor relations department
shall tender, in writing, a written report setting forth for each request that did not receive
a complete response within seven days: the identity of the requesting party; a summary
of the request; the location for which the request was made; the name of the supervisor
or manager responsible for responding to the request; the number of days from request
to initial response; the number of days from request to complete and/or final response;
and any action taken to address and/or correct unreasonable failures and delays by
supervisors and managers. This audit report will be forwarded to the USPS district
manager, the USPS district manager of human resources, USPS labor relations, the
USPS Law Department NLRB Unit, and the Compliance Officer for NLRB Region 10.
To the extent that such audits indicate that requests are not being responded to in a
timely and appropriate manner or that the logs recording information requests are not
being properly maintained, remedial training shall be provided to all persons in a
supervisory, managerial, or DMO capacity who were or are involved in the process of
providing information to the Unions at the applicable facility. The Respondent will
provide documentation of any such training to the NLRB Region 10 Compliance Officer
upon completion of the remedial training.
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(h) Within 14 days of service by the Region:
(i) Post at all of its facilities in the State of Alabama, copies of the Notice
to Employees attached as Appendix 1.2 Copies of the notice, on forms
provided by the Regional Director for Region 10, 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. The Respondent will electronically mail the Board’s official notice
to the manager in each facility;
(ii) Upon receipt of such notice, each manager will record the date said
notice was received and the date on which the notices were posted at the
facility, and each manager will submit to the Region’s Compliance Officer,
along with the signed certification, a digital photograph of the notice
posted at the facility with metadata to include the date the image was
taken and GPS coordinates of the location. The Respondent will take
reasonable steps to ensure that the notices are not altered, defaced, or
covered by any other material;
(iii) Electronically post the Notice to Employees for employees at all its
facilities in the State of Alabama if the Respondent customarily uses
electronic means such as an electronic bulletin board, e-mail, website, or
intranet to communicate with these employees;
(iv) Within ten (10) days after entry of the Board’s Order:

(A) Provide a copy of the Board Order and Notice to Employees to
all of its supervisors, managers, and DMO(s) including acting
supervisors and managers, at all of its facilities in the State of
Alabama.
(B) Provide all supervisors and managers, including acting
supervisors and managers, with written instructions to comply
with the provisions of the Order. The instructions shall
underscore that:
1) Unprivileged or unwarranted refusals and unreasonable
delays in responding to requests for information required
under the Act to be provided to labor organizations shall
not be tolerated by the Respondent.

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.”
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2) Any unwarranted failure to provide, or unreasonable delay
in providing, such information will subject the responsible
supervisor(s), DMO(s), and/or manager(s) to discipline by
the Respondent as may be appropriate in light of the
relevant facts and circumstances, consistent with
applicable state and federal laws and regulations.
3) The Respondent shall also provide all future supervisory or
management officials, including temporary supervisors
acting in that capacity for at least ten (10) consecutive
calendar days, in the postal facilities referenced above,
with a copy of said Order and written instructions promptly
upon their assuming those positions.
4) Each person receiving the Board Order and instructions
described above shall acknowledge in writing that he or
she has been furnished with a copy thereof, understands
them and will conduct himself or herself consistently
therewith, and will not in any way commit, engage in,
induce, encourage, permit, or condone any violation of this
Order; and the Respondent shall retain and supply copies
of those acknowledgments and the written instructions to
NLRB Region 10 pursuant to subparagraph (j) below.
(v) In the event that, during the pendency of these proceedings, the
Respondent has gone out of business or closed any of the facilities
involved in these proceedings, the Respondent shall duplicate and mail, at
its own expense, a copy of the notice to all current employees and former
employees employed by the Respondent at the closed facility at any time
since February 23, 2015.
(i) Within 14 days from the date of this Order, at each of the Respondent’s
facilities set forth in Appendix 2, convene meetings during work time, scheduled to
ensure the widest possible attendance, at which the attached Notice to Employees is to
be read to all employees, supervisors, and managers. The Respondent will advise the
Regional Director of the dates and times of such notice readings, and the Union and the
Region shall be afforded a reasonable opportunity to provide for the attendance of a
union official and/or a Board agent at any assembly of employees called for the purpose
of reading such notice. The Respondent shall maintain sign-in sheets for supervisors
and managers at the readings at each location and submit copies of the sign-in sheets
to the Region within seven days of the final notice reading.
(j) 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 the Respondent has taken to comply. The certification shall include: (i) a copy
of the documents signed by the district manager of labor relations, attesting to the dates
that the notices were received at each facility, the dates that the notices were posted,
and a digital photograph of each posted notice with metadata including date taken and
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GPS coordinates; (ii) a certification by the installation head attesting to the dates that
the notice was read at each facility; (iii) copies of the acknowledgements, signed by
each of the Respondent’s supervisors, managers, or DMO at each of the Respondent’s
facilities set forth in Appendix 2, that they may be subject to disciplinary action as may
be appropriate in light of the relevant facts and circumstances, consistent with
applicable state and federal laws and regulations; and (iv) copies of notice-reading
meeting sign-in sheets for supervisors and managers.
(k) The Respondent agrees that while bargaining unit employees may be called
upon to assist in gathering documentation and in other aspects of the information
process, they shall not be considered responsible for the Respondent’s legal obligations
and they shall not be subject to discipline for the Respondent’s failure to comply with the
obligations described herein.
Dated, Washington, D.C., September 9, 2016
___________________________________
Mark Gaston Pearce, Chairman
___________________________________
Philip A. Miscimarra, Member
___________________________________
Lauren McFerran, Member
(SEAL) NATIONAL LABOR RELATIONS BOARD
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APPENDIX 1
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 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 refuse to bargain collectively and in good faith by refusing or unduly
delaying furnishing information requested by the APWU Local 303, APWU Local 359,
and/or any other labor organization representing bargaining unit employees (collectively
the Unions), that is necessary for and relevant to the performance of their duties as the
exclusive bargaining representatives of the bargaining unit employees.
WE WILL NOT in any like or related manner interfere with, restrain, or coerce you in the
exercise of the rights guaranteed you by Section 7 of the Act.
WE WILL, upon request, provide the Unions with necessary and relevant information in
a timely and appropriate manner.
WE WILL waive, for 30 days following issuance of the Board’s Order, any contractual
deadlines for filing and pursuing grievances related to the requested information, where
the labor organizations missed contractual deadlines due to our delay or refusal in
providing requested information.
WE WILL, for the facilities on Appendix 2, maintain a log in which we will immediately
record each information request, made orally or in writing, by the Unions at that facility.
These logs shall include the following information: a brief description of the information
requested; the name of the individual who is making the request; the name of the
management official who received the request; the date the request was made; and the
date the our official provided the Unions with the requested information. If our official,
having reviewed the documents requested, believes that we need additional time, the
official will inform the requesting Union in writing, seeking additional time and explaining
the need for additional time.
WE WILL appoint a designated management official who will be responsible for
reviewing the information request logs, providing guidance to supervisors and managers
in consistently making timely responses to such requests, and managers will
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recommend discipline as may be appropriate in light of the relevant facts and
circumstances, consistent with applicable state and federal laws and regulations, for
supervisors, managers or designated management officials (DMOs) whose delays in
responding to Union requests for information are found to be unwarranted.
WE WILL provide annual training to each manager, supervisor or DMO who is
designated to receive requests for information at the facilities described above which
encompasses how to maintain the log, and how to tender the relevant information
requested by the Unions; each such official will sign an acknowledgement form attesting
to the fact that he or she has completed the training. A copy of this acknowledgement
form shall be maintained in the official’s training and history files. Union stewards will
be granted access to the logs, upon request. Officials who fail to reasonably supply
relevant information to the Unions will have this fact mentioned in the “corrective action”
column of the quarterly audit report provided to the district manager and district
manager of human resources. Repeated violations could lead to discipline of said
official.
WE WILL notify Union stewards when the manager, supervisor or DMO who is
designated to receive union requests for information at their facility has changed.
WE WILL, through our legal department or labor relations department, conduct
quarterly audits of the logs at the facilities described above to ensure that the
information requested by the Unions is being handled in a timely and appropriate
manner, and to ensure the logs are being properly maintained. Following the audit, our
legal department or labor relations department shall tender, in writing, a written report
that will be forwarded to the district manager, the district manager of human resources,
and the NLRB Compliance Officer.
WE WILL provide a copy of this Order and notice to all supervisors, managers or DMOs
who are responsible for receiving Union requests for information, and we will require
each such official to sign an acknowledgement affirming that they understand that they
may be subject to disciplinary action as may be appropriate in light of the relevant facts
and circumstances, consistent with applicable state and federal laws and regulations, if
they fail to comply with the provisions of the Order.
UNITED STATES POSTAL SERVICE
The Board’s decision can be found at www.nlrb.gov/case/10-CA-158384 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.
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APPENDIX 2
COVERED LOCATIONS
Retail locations in Auburn, Jacksonville, Leeds, Vincent, and Birmingham, Alabama; and the
Birmingham Processing and Distribution Center (P&DC) (including the Birmingham Annex)
USPS ALABAMA DISTRICT, POOM AREA 3 RETAIL LOCATIONS
Anniston 36201
ANN - Blue Mountain 36204
ANN - Oxford Branch 36203
Bessemer 35020
BES – Hueytown 35023
Decatur 35601
Florence 35630
FLO - North Florence 35630
Gadsden 35901
GAD - Alabama City 35904
GAD - East Gadsden 35903
GAD - Glencoe Finance 35905
Huntsville 35813
HSV - Downtown Station 35801
HSV - Haysland Station 35802
HSV - Mastin Lake 35810
HSV - Redstone Arsenal 35808
HSV - West Station 35805
HSV - Wynn Drive Station 35816
Madison 35758
Montgomery 36119
MGY - Carolyn Finance 36108
MGY - Cloverland Station 36105
MGY - Downtown Station 36104
MGY – Eastbrook 36109
MGY - Green Lantern 36111
MGY - Lagoon Park 36121
MGY - Maxwell AFB 36112
MGY – Shakespeare 36123
MGY - South Station 36116
MGY - Westside Station 36108
Tuscaloosa 35401
TCL - Skyland Station 35405