United States Postal Service

National Labor Relations Board - Unpublished Board Decisions

Dec 9, 2019

10-CA-221881 (N.L.R.B. Dec. 9, 2019)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
UNITED STATES POSTAL SERVICE
and Case 10-CA-221881
NATIONAL POSTAL MAIL HANDLERS
UNION, AFL-CIO, LOCAL 305
DECISION AND ORDER
Statement of the Case
On May 22, 2019, the United States Postal Service (the Respondent), National
Postal Mail Handlers Union, AFL-CIO, Local 305 (Local Union), 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.1
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.2

1 Chairman Ring is recused and took no part in the consideration of this case.
2 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017383 et al., unpublished order issued November 4, 2002, enfd.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,
remain in effect, and the Board’s approval of this stipulation does not modify these
orders in any respect.
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 its
Greensboro Bulk Mail Center located at 3701 West Wendover Avenue, Greensboro,
North Carolina. 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
At all material times, the Local Union has been a labor organization within the
meaning of Section 2(5) of the Act.

At all material times, National Postal Mail Handlers Union, AFL-CIO (National
Union) has been a labor organization within the meaning of Section 2(5) of the Act.
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, Greensboro, North Carolina, its
officers, agents, successors, and assigns shall:
1. Cease and desist from the following in connection with the Respondent's
employees employed at the Respondent's Greensboro Bulk Mail Center at 3701 West
Wendover Avenue, Greensboro, North Carolina:
(a) Refusing to bargain collectively and in good faith with the National Union, by
failing to furnish, or by unduly delaying furnishing, information that is relevant and
necessary to the Local Union in performing its duties for the National Union, the
exclusive bargaining representative of the unit.

Member Emanuel would not approve the parts of the Order that require the
Respondent to take action with respect to “any other union with which the Respondent
has an exclusive collective-bargaining relationship at its Greensboro Bulk Mail Center,”
because no violations against other unions are alleged as part of this case.
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(b) In any like or related manner interfering with, restraining, or coercing
employees in the exercise of the rights guaranteed them by the National Labor
Relations Act.
2. Take the following affirmative action necessary to effectuate the policies of the
Act:
(a) Upon request, furnish the Local Union, or any other union with which the
Respondent has an exclusive collective-bargaining relationship at its Greensboro Bulk
Mail Center in Greensboro, North Carolina, 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 that the
Local Union missed due to the Respondent's delay in providing the information
requested as described in paragraph 9 in the February 14, 2019 complaint.
(c) Maintain a log at the Respondent's Greensboro Bulk Mail Center in
Greensboro, North Carolina, in which the Respondent will immediately record each
information request that the Local Union, or any other union with which the Respondent
has an exclusive collective-bargaining relationship at this facility, tendered to the
Respondent orally or in writing, 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 union and unit involved; the name of the manager or
supervisor who received the request; the date the request was made; and the date that
the Respondent's manager or supervisor provided the Local Union or other such union
with which the Respondent has an exclusive collective-bargaining relationship at its
Greensboro Bulk Mail Center in Greensboro, North Carolina, with the requested
information. If the manager or supervisor, having reviewed the documents requested,
believes that the Respondent will need additional time to furnish the information, the
manager or supervisor will inform the Local Union, or any other such union with which
the Respondent has an exclusive collective-bargaining relationship at this facility, in
writing, requesting additional time and explaining the need for additional time. Union
stewards will be granted reasonable access to the logs, upon request.
(d) Provide for each manager and supervisor who is designated to receive union
requests for information at the Respondent's Greensboro Bulk Mail Center in
Greensboro, North Carolina, annual training that encompasses how to maintain the log
and how to tender the relevant information the Local Unions, or any other such union
with which the Respondent has an exclusive collective-bargaining relationship at this
facility, requested; and require that each such manager and supervisor sign an
acknowledgment form attesting to the fact that he or she has completed this training. A
copy of this acknowledgment form shall be maintained in the manager's or supervisor's
training and history files. Managers or supervisors who fail to supply relevant
information, or who unreasonably delay in supplying such information, to the Local
Union, or other such union with which the Respondent has an exclusive collective-
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bargaining relationship at its Greensboro Bulk Mail Center in Greensboro, North
Carolina, will have this fact mentioned in the "corrective action” column of the semi-
annual audit report provided to the district manager and district manager of human
resources. A repeated violation could lead to discipline of the supervisor or manager.
(e) Provide to union stewards of any union with which the Respondent has an
exclusive collective-bargaining relationship at its Greensboro Bulk Mail Center in
Greensboro, North Carolina, the name of the manager or supervisor in this location who
is designated to receive union requests for information at the facility and when that
designated manager or supervisor has changed.
(f) Require the Respondent's legal or labor relations department to conduct
semi-annual audits of the logs at the Respondent's Greensboro Bulk Mail Center in
Greensboro, North Carolina, to ensure that the Local Union’s, and other such unions'
with which the Respondent has an exclusive collective-bargaining relationship at this
facility, information requests are being handled in a timely and appropriate manner, and
to ensure the logs are being properly maintained. Following the audit, the legal or labor
relations department shall tender a written report that will be forwarded to the district
manager and district manager of human resources.
(g) Within 14 days of service by the Region:
(i) Post at the Respondent's Greensboro Bulk Mail Center in Greensboro,
North Carolina, copies of the Notice to Employees that the Regional Director for
Region 10 shall provide to the Respondent for posting. The Region will provide
copies of the notice that the Respondent will be required to duplicate in color at
its own expense, before posting. The duplicated copies, 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;
(ii) Electronically post the Notice to Employees for employees at the
Respondent's Greensboro Bulk Mail Center in Greensboro, North Carolina, if the
Respondent customarily uses electronic means such as an electronic bulletin
board, e-mail, website, or intranet to communicate with those employees;
(iii) Send a copy of any Board Order and Notice to Employees to all its
managers and supervisors at the Respondent's Greensboro Bulk Mail Center in
Greensboro, North Carolina.
(h) Within 21 days after service by the Region, file with the Regional Director a
signed and sworn Certificate of Compliance, Part 1 form certifying that it has complied
with this Order. The certification shall include a copy of the documents signed by a
responsible official attesting to the dates that the notices were received at the facility,
the dates that the notices were posted, and where the notices were posted; the
certification shall also include the dates the Respondent sent the Board Order and
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Notice to its managers and supervisors, a list of the names and job titles of the
individuals to whom the Respondent sent them, and the method the Respondent
employed to send them.
(i) Upon request, provide to the Regional Director of Region 10 or his designee,
copies of the logs described above in subparagraph (c); the acknowledgment forms,
audit reports, and discipline described above in subparagraph (d); and the semi-annual
audits and reports from the Respondent's legal or labor relations department described
above in subparagraph (f).
Dated, Washington, D.C., December 9, 2019.
___________________________________
Lauren McFerran, Member
___________________________________
Marvin E. Kaplan, 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 interfere with, restrain, or coerce you in the exercise of the above rights.
WE WILL NOT unreasonably delay in providing National Postal Mail Handlers Union,
AFL-CIO, Local 305 with information that it or the National Union needs to represent
you.
WE WILL NOT in any like or related manner interfere with your rights under the
National Labor Relations Act.
WE HAVE provided National Postal Mail Handlers Union, AFL-CIO, Local 305 with the
information it requested in writing on May 14, 2018.
WE WILL, upon request, provide National Postal Mail Handlers Union, AFL-CIO, Local
305 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 that
National Postal Mail Handlers Union, AFL-CIO, Local 305 missed due to our delay in
providing the information requested.
WE WILL maintain at the Greensboro Bulk Mail Center at 3701 West Wendover
Avenue, Greensboro, North Carolina, a log in which we will immediately record each
information request that any union at this facility with which we have an exclusive
collective-bargaining relationship makes, either orally or in writing, at that facility. WE
WILL provide these unions with reasonable access to these logs that pertain to their
requests.
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WE WILL provide annual training for each manager and supervisor who is designated
to receive union requests for information at the Greensboro Bulk Mail Center located in
Greensboro, North Carolina. Such training will encompass how to maintain the log and
how to tender the relevant information to any union with which we have an exclusive
collective-bargaining relationship at this facility.
WE WILL provide to union stewards of any union with which we have an exclusive
collective-bargaining relationship at the Greensboro Bulk Mail Center in Greensboro,
North Carolina, the name of the manager or supervisor at this location who is
designated to receive union requests for information at the facility and when that
designated manager or supervisor has changed.
WE WILL require our legal or labor relations department to conduct semi-annual audits
of the logs at the Greensboro Bulk Mail Center in Greensboro, North Carolina, to ensure
that the information requests of any union with which we have an exclusive collective-
bargaining relationship are being handled in a timely and appropriate manner and to
ensure the logs are being properly maintained.
UNITED STATES POSTAL SERVICE
The Board’s decision can be found at www.nlrb.gov/case/10-CA-221881 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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