American Postal Workers Union (United States Postal Service)

National Labor Relations Board - Board Decisions

Sep 16, 2016

05-CB-150339 (N.L.R.B. Sep. 16, 2016)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
AMERICAN POSTAL WORKERS UNION
(UNITED STATES POSTAL SERVICE)
and Case 05-CB-150339
LOUIS MAZUREK
and Case 05-CB-150853
SCOTT ALVIN FONTAINE
ORDER
Respondent American Postal Workers Union’s Motion to Dismiss or for Summary
Judgment is denied. The Respondent has failed to establish that the complaint
allegations should be deferred to its grievance and arbitration procedure with the United
States Postal Service pursuant to Collyer Insulated Wire, 192 NLRB 837 (1971). See,
e.g., United Technologies Corp., 268 NLRB 557, 560 (1984); Machinists Lodge 1129
(Sunbeam Corp.), 219 NLRB 1019 (1975), overruled on other grounds Steelworkers
Local 72 (Asarco, Inc.), 309 NLRB 964 (1992). The Respondent also has failed to
establish that there are no genuine issues of material fact warranting a hearing and that
it is entitled to judgment as a matter of law.
Dated, Washington, D.C., September 16, 2016
MARK GASTON PEARCE, CHAIRMAN
PHILIP A. MISCIMARRA, MEMBER
LAUREN McFERRAN, MEMBER