United States Post Office (Northern Ohio District)

National Labor Relations Board - Board Decisions

Apr 26, 2019

08-CA-213645 (N.L.R.B. Apr. 26, 2019)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
UNITED STATES POSTAL SERVICE
and Cases 08-CA-213645
08-CA-219955
AMERICAN POSTAL WORKERS UNION,
LOCAL 170
DECISION AND ORDER
Statement of the Cases
On October 31, 2018, the United States Postal Service (the Respondent),
American Postal Workers Union, Local 170, 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017383 et al., unpublished order issued November 4, 2002, enfd.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
facilities in the Respondent’s Toledo, Ohio area.
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 organization involved
At all material times, the Union has been a labor organization within the meaning
of Section 2(5) of the Act.
At all material times, the American Postal Workers Union, AFL-CIO (APWU) 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, Toledo, Ohio, its officers, agents,
successors, and assigns, shall
1. Cease and desist from the following in connection with the Respondent’s
employees employed in the Respondent’s facilities in the Toledo, Ohio area
(a) Failing or refusing to bargain collectively and in good faith with the Union by
failing and refusing to furnish the Union with requested information that is relevant and
necessary to the APWU and the Union’s performance its functions as the collective
bargaining representative of employees in the following appropriate unit (Unit):
All maintenance employees, motor vehicle employees, postal clerks, the
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 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 forces as
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defined in Article 7 of the Collective-Bargaining Agreement, rural letter
carriers, mail handlers, and letter carriers.
(b) Refusing to bargain collectively and in good faith with the Union by
unreasonably delaying in furnishing the Union with requested information that is
relevant and necessary to the APWU and the Union’s performance of its functions as
the collective bargaining representative of employees in the Unit.
(c) Unreasonably delaying in informing the Union that requested information that
is relevant and necessary to the Union’s performance of its functions as the collective-
bargaining representative of employees in the Unit does not exist.
(d) 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) Bargain collectively and in good faith with the APWU and the Union as the
exclusive collective-bargaining representative of the Unit.
(b) Conduct annual training with each manager and supervisor at the Toledo,
Ohio P&DC (Processing and Distribution Center) who is designated to receive and
respond to the Union’s requests for information related to Unit employees on how to
maintain information and tender requested information to the APWU and the Union.
(c) Within 14 days of service by the Region (1) post at the locations listed in
Appendix A; and (2) send to all its managers and supervisors in those facilities copies of
the attached notice marked Appendix B. Copies of the notice, on forms provided by the
Region, after being signed and dated 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 take reasonable steps to ensure that the notices are not
altered, defaced, or covered by any other material. In addition to physical posting of
paper notices, the 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.
(d) 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 Respondent has taken to comply,
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Dated, Washington, D.C., April 26, 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
Toledo P&DC — 435 S. St. Clair Street, Toledo, Ohio 43601
Toledo VMF — 435 S. St. Clair Street. Toledo, Ohio 43601
Bowling Green — 111 West Washington Street, Bowling Green, Ohio 43402
Clyde — 131 W. Buckeye Street, Clyde, Ohio 43410
Fremont — 2121 Enterprise Street, Fremont, Ohio 43420
Oak Harbor — 126 Church Street, Oak Harbor, Ohio 43449
Port Clinton — 1231 West 2nd Street, Port Clinton, Ohio 43452
Rossford — 313 Glenwood. Rossford. •Ohio 43460
Bryan — 142 N. Main Street, Bryan, Ohio 43506
Defiance — 420 W.2d Street, Defiance, Ohio 43512
Delta — 6660 US-20 ALT, Delta, Ohio 43515
Holland — 6923 Angola Road. Holland. Ohio 43528
Montpelier — 209 Empire Street, Montpelier, Ohio 43543
Maumee -- 1375 Ford St., Maumee, Ohio 43537
Napoleon -- 206 W. Washington St., Napoleon, Ohio 43545
Perrysburg - 1205 Louisiana Ave., Perrysburg, Ohio 43551
Swanton -- 250 S. Hallett Ave., Swanton, Ohio 43558
Sylvania -- 5745 Post Office Way, Sylvania. Ohio 43560
Wauseon -- 124 Elm St Wauseon, Ohio 43567
Central Retail -- 235 N. Erie St, Toledo, Ohio •43604
Central Annex -- 430 Broadway St„. Toledo. Ohio 43604
Kenwood Station -- 2941 Houghton Dr., Toledo, Ohio 43606
Manhattan -- 553 E. Manhattan Blvd.. Toledo, Ohio 43608
Midtown -- 1609 Door St., Toledo, Ohio 43607
Point Place Station -- 4445 N. Summit St., Toledo, Ohio 43611
Reynolds Corners -- 6020 W. Bancroft St. Toledo, Ohio 43615
Oregon Branch -- 3054 Dustin Rd.. Oregon, Ohio 43616
Old West End -- 2280 Ashland Ave., Toledo. Ohio 43620
Franklin Park Station 5151 Monroe St., Toledo, Ohio 43623
South Toledo -- 1144 S. Detroit, Toledo, Ohio 43614
Station A -- 618 2nd Street, Toledo. Ohio 43605
West Tole-do -- 1568 W. Sylvania, Toledo, Ohio 43612
Wernerts Station — 2618 Tremainsville Road Toledo, Ohio 43613
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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:
ï‚· Form, join, or assist a union;
ï‚· Choose representatives to bargain with us on your behalf;
ï‚· Act together with other employees for your benefit and protection;
ï‚· 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, Local 170 (Local Union), the agent of the
American Postal Workers Union, AFL-CIO (National Union) is the exclusive collective-
bargaining representative of the following employees at our facilities in the Toledo, Ohio
area, listed in Appendix A (herein called the Unit):
All maintenance employees, motor vehicle employees, postal clerks, the
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 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 forces as
defined in Article 7 of the Collective-Bargaining Agreement, rural letter
carriers, mail handlers, and letter carriers.
WE WILL NOT fail or refuse to furnish the Local Union, in a timely manner, with
requested information that it needs to represent the Unit employees.
WE WILL NOT unreasonably delay in furnishing the Local Union with requested
information that it needs to represent the Unit employees.
WE WILL NOT unreasonably delay in informing the Local Union that the information it
has requested does not exist.
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WE WILL bargain collectively and in good faith with the Local Union, the agent of the
National Unit, as the exclusive collective-bargaining representative of the Unit
employees.
WE HAVE furnished the Local Union with requested information concerning staffing
packages, and in the future, WE WILL furnish the Local Union, in a timely manner, with
requested information that it needs to represent the Union employees.
WE WILL conduct annual training with each manager and supervisor designated to
receive and respond to information requests from the Local Union on how to maintain
information and tender relevant information to the Local Union.
WE WILL NOT in any like or related manner, interfere with your rights under the
Federal law listed above.
UNITED STATES POSTAL SERVICE
Northern Ohio District
The Board’s decision can be found at www.nlrb.gov/case/08-CA-213645 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.