United States Postal Service

National Labor Relations Board - Unpublished Board Decisions

Aug 11, 2021

28-CA-255991 (N.L.R.B. Aug. 11, 2021)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
UNITED STATES POSTAL SERVICE
and Case 28-CA-255991

AMERICAN POSTAL WORKERS UNION,
LOCAL 380, AFL-CIO
DECISION AND ORDER
Statement of the Case
On July 1, 2021, the United States Postal Service (the Respondent); American Postal
Workers Union, Local 380, AFL-CIO (the Union); and the Acting 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
Based on the Formal Settlement Stipulation and the entire record, the Board makes the
following
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(10th Cir. 2007); United States Postal Service, 28-CA-017383 et al., unpublished order issued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, remain in effect, and the Board’s approval of this stipulation
does not modify these orders in any respect.
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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 the performance of that function, including its facilities
located in Albuquerque, New Mexico, including facilities located at 201 5th Street SW,
Albuquerque, New Mexico (the Downtown facility); 1135 Broadway Boulevard NE,
Albuquerque, New Mexico (the Main Office Carrier Annex facility); 6255 San Antonio Drive
NE, Albuquerque, New Mexico (the Academy facility); 110 Montano Road NE, Albuquerque,
New Mexico (the North Valley Carrier Annex facility); 4600 Paradise Boulevard NW (the Pino
facility); 2100 George Road SE (the Airport facility); 2505 Graceland Drive NE (the Uptown
facility); 424 Veranda Road NW (the North Valley Finance facility); 13101 Lomas Boulevard
NE, Albuquerque, New Mexico (the Foothill facility); and 1050 Sunset Road SW, Albuquerque,
New Mexico (the Five Points facility) (collectively, the facilities).
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
American Postal Workers Union, Local 380, AFL-CIO (the Union), and American Postal
Workers Union, AFL-CIO (the National Union), are labor organizations within the meaning of
Section 2(5) of the Act.
3. The appropriate unit
The employees of the Respondent (the unit) as described in Article 1, Section 1, of the
collective-bargaining agreement described below constitute a unit appropriate for the purposes of
collective bargaining within the meaning of Section 9(b) of the Act and Chapter 12 of the PRA.
At all material times since at least about July 21, 1973, the National Union has been the
designated exclusive collective-bargaining representative of the unit and has been recognized as
the representative by the Respondent. This recognition has been embodied in successive
collective-bargaining agreements, the most recent of which is effective from September 21, 2018
through September 20, 2021 (the Agreement).
At all material times since at least about July 21, 1973, the National Union, based on
Section 9(a) of the Act and Section 10(a) of the PRA, has been the exclusive collective-
bargaining representative of the unit.
The National Union has designated the Union as its designee for the purpose of
conducting certain of its functions as the exclusive collective-bargaining representatives of the
unit, including, but not limited to, the filing and processing of grievances under the Agreement at
the Respondent's Albuquerque facilities.

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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, Albuquerque, New Mexico, its officers,
agents, successors, and assigns, shall:
1. Cease and desist at the Respondent’s facilities from
(a) Failing and refusing to bargain collectively with the Union as the exclusive
collective-bargaining representative of the unit at the Respondent’s Albuquerque facilities.
(b) Failing and refusing to provide the Union with requested information that is
necessary for and relevant to the Union's performance of its duties as the exclusive collective-
bargaining representative of the Albuquerque unit.
(c) In any like or related manner interfering with, restraining, or coercing its employees
in the exercise of their Section 7 rights.
2. Take the following affirmative action necessary to effectuate the policies of the Act.
(a) Within 14 days from the date of the Board’s Order or an order of a court of appeals,
furnish APWU, Local 380 with the information it requested on January 29, 2020, in writing,
seeking copies of the 2020 Martin Luther King Jr. Volunteer Sign Up sheets for all clerk sections
within the ABQ Installation and notify the Union, in writing, if any of the requested documents
no longer exist.
(b) Within 14 days of service by the Region, post at its facilities located at
201 5th Street SW, Albuquerque, New Mexico, 87102 (Downtown Facility); 1135 Broadway
Boulevard NE, Albuquerque, New Mexico, 87101 (Main Office Facility); 6255 San Antonio
Drive NE, Albuquerque, New Mexico, 87109 (Academy Facility); 110 Montano Road NE,
Albuquerque, New Mexico 87107 (North Valley Carrier Annex Facility); 4600 Paradise
Boulevard NW, Albuquerque, New Mexico, 87114 (Pino Facility); 2100 George Road SE,
Albuquerque, New Mexico, 87106 (Airport Facility); 2505 Graceland Drive NE, Albuquerque,
New Mexico 87110 (Uptown Facility); 424 Veranda Road NW, Albuquerque, New Mexico
87107 (North Valley Finance Facility); 13101 Lomas Boulevard NE, Albuquerque, New
Mexico, 87123 (Foothill Facility); and 1050 Sunset Road SW, Albuquerque, New Mexico,
87105 (Five Points Facility), copies of the attached notice marked “Appendix A” in English, and
any other languages deemed appropriate by the Regional Director. Copies of the notices, on
forms provided by Region 28, 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
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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 gone out of business or
closed 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 any time since January 29, 2020.
(c) This stipulation is subject to the approval of the Board and, immediately upon the
approval by the Board, it will be retroactively effective to the date of execution of the stipulation.
(d) Within 21 days after service by the Region, file with the Regional Director for
Region 28 of the Board 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., August 11, 2021.
___________________________________
Lauren McFerran, Chairman
___________________________________
Marvin E. Kaplan, Member
___________________________________
John F. Ring, 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
POSTED PURSUANT TO A STIPULATION PROVIDING FOR A BOARD ORDER
AND A CONSENT JUDGMENT BY 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 refuse to bargain in good faith with the American Postal Workers Union, AFL-
CIO, Local 380 (the Union) as the exclusive collective-bargaining representative of our
employees in the following appropriate unit (the unit):
All employees in the bargaining unit for which the American Postal Workers
Union, AFL-CIO, has been recognized and certified at the national level,
including 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, and excluding managerial and supervisory personnel, professional
employees, employees engaged in personnel work in other than purely non-
confidential clerical capacity, security guards as defined in Public Law 91-375,
1201(2), all Postal Inspection Service Employees, Letter Carriers, and all other
employees.
WE WILL, to the extent that we have not already done so, provide the Union with copies of
MLK Day Sign-up Sheets for City Station Clerks as requested from us in writing on January 29,
2020. WE WILL notify the Union, in writing, if any of the requested documents no longer
exist.
WE WILL NOT fail or refuse to provide the Union with requested information that is relevant
and necessary to its role as the exclusive collective-bargaining representative of the unit
employees.
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WE WILL NOT in any like or related manner interfere with your rights under Section 7 of the
Act.
UNITED STATES POSTAL SERVICE
The Board’s decision can be found at www.nlrb.gov/case/28-CA-255991 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.