United States Postal Service

National Labor Relations Board - Board Decisions

Oct 27, 2014

07-CA-099915 (N.L.R.B. Oct. 27, 2014)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
UNITED STATES POSTAL SERVICE
and Case 07-CA-099915
BRANCH 654, NATIONAL ASSOCIATION
OF LETTER CARRIERS (NALC), AFL-CIO
DECISION AND ORDER
Statement of the Case
On August 6, 2014, the United States Postal Service (the Respondent), Branch
654, National Association of Letter Carriers (NALC), AFL-CIO (the Charging Union), and
the General Counsel of the National Labor Relations Board entered into a Formal
Settlement Stipulation, subject to the Board’s 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 Chairman Pearce and Member Schiffer 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States Postal Service, 28-CA-017383 et al., unpublished order issued November 4,
2002, enfd. Case 02-9587 (10th Cir. 2003); and United States Postal Service, 345
NLRB 426 (2005), enfd. 486 F.3d 683 (10th Cir. 2007). 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.
Member Johnson would not approve the part of the order requiring Respondent
to cease and desist from failing to bargain with “any other labor organization,” because
that asserted violation was not alleged as part of this case.
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
facilities located at 155 South Main Street, Mt. Clemens, Michigan (Mt. Clemens Post
Office) and 15285 Samohin Drive, Macomb Township, Michigan (Mt. Clemens Annex),
collectively called the Respondent’s Mt. Clemens facilities.
The Board has jurisdiction over the Respondent and this matter by virtue of
Section 1209 of the Postal Reorganization Act (39 U.S.C. § 101 et seq.).
2. The labor organization involved
The National Association of Letter Carriers, AFL-CIO (NALC or the National
Union), and the Charging Union are labor organizations within the meaning of Section
2(5) of the Act.
3. The appropriate unit
The following employees of the Respondent (the unit) constitute a unit
appropriate for the purposes of collective-bargaining within the meaning of Section 9(b)
of the Act:
All full-time and regular part-time city letter carriers employed by
Respondent at various facilities throughout the United States, but
excluding professional employees, employees engaged in personnel work
in other than a purely non-confidential clerical capacity, postal inspection
service employees, employees in the supplemental work force, rural letter
carriers, mail handlers, maintenance employees, special delivery
messengers, motor vehicle employees, postal clerks, managerial
employees, supervisory personnel, and security guards as defined in
Public Law 9-375, 1201(2).
Since at least 1990, and at all material times, the Respondent has recognized the
National Union as the exclusive collective-bargaining representative of the unit. This
recognition has been embodied in successive collective-bargaining agreements, the
most recent of which is effective by its terms from January 10, 2013, through May 20,
2016.

3
At all material times, the National Union has been the exclusive collective-
bargaining representative of the unit within the meaning of Section 9(a) of the Act.
At all material times, the Charging Union has been the designated servicing
representative of the National Union for employees in the unit employed at the
Respondent’s Algonac, Marine City, Mt. Clemens, and New Baltimore, Michigan
facilities.
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, Algonac, Marine City, Mt.
Clemens, and New Baltimore, Michigan, its officers, agents, successors, and assigns,
shall
1. Cease and desist from
(a) Unreasonably delaying in furnishing the Charging Union with relevant
requested information, or in any like or related manner interfering with, restraining, or
coercing its employees in the exercise of rights guaranteed in Section 7 of the Act.
(b) Unreasonably delaying in furnishing the Charging Union with relevant
requested information, or in any like or related manner refusing to bargain collectively
and in good faith with the Charging Union as the servicing agent of the exclusive
collective-bargaining representative of the unit or any other labor organization at its
Algonac, Marine City, Mt. Clemens, and New Baltimore, Michigan facilities.
2. Take the following affirmative action.
(a) Upon request, bargain collectively and in good faith with the Charging Union
as the servicing representative of the exclusive collective-bargaining representative for
employees in the unit employed at the Respondent’s Algonac, Marine City, Mt.
Clemens, and New Baltimore, Michigan facilities.
(b) Within 14 days of service by the Region, post copies of the attached notice
marked as Appendix A at the following facilities:
Algonac 801 Saint Clair River Drive, Algonac
Marine City 460 South Water Street, Marine City
Mount Clemens Main 155 South Main Street, Mt. Clemens
Mount Clemens Annex 15285 Samohin Drive, Macomb Township
New Baltimore 35339 23 Mile Road, New Baltimore
4
Copies of the notice, on forms provided by Region 7, 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
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.
(c) Within 21 days after service of this order by the Region, file with the Regional
Director for Region 7 a sworn certification by a responsible Respondent official attesting
to the steps that the Respondent has taken to comply.
Dated, Washington, D.C., October 17, 2014
___________________________________
Mark Gaston Pearce, Chairman
___________________________________
Harry I. Johnson, III, Member
___________________________________
Nancy Schiffer, Member
(SEAL) NATIONAL LABOR RELATIONS BOARD
5
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 do anything to prevent you from exercising the above rights.
WE WILL NOT refuse to bargain collectively and in good faith with Branch 654, National
Association of Letter Carriers (NALC), AFL-CIO (the Union) as the servicing
representative of the exclusive collective-bargaining representative of our employees in
the following appropriate unit at our Algonac, Marine City, Mt. Clemens, and New
Baltimore, Michigan facilities:
All full-time and regular part-time city letter carriers employed by
Respondent at various facilities throughout the United States, but
excluding professional employees, employees engaged in personnel work
in other than a purely non-confidential clerical capacity, postal inspection
service employees, employees in the supplemental work force, rural letter
carriers, mail handlers, maintenance employees, special delivery
messengers, motor vehicle employees, postal clerks, managerial
employees, supervisory personnel, and security guards as defined in
Public Law 9-375, 1201(2).
WE WILL NOT unreasonably delay in providing necessary and relevant information
requested by the Union to perform its responsibilities as the servicing representative of
the exclusive collective-bargaining representative of our employees in the unit or any
other labor organization at our Algonac, Marine City, Mt. Clemens, and New Baltimore,
Michigan facilities.
WE WILL NOT in any like or related manner interfere with your rights under Section 7 of
the Act.
6
WE WILL NOT in any like or related manner fail and refuse to bargain collectively and
in good faith with the Union as the servicing representative of the exclusive collective-
bargaining representative of our employees in the unit at our Algonac, Marine City, Mt.
Clemens, and New Baltimore, Michigan facilities.
WE WILL, upon request, bargain collectively and in good faith with the Union as the
servicing representative of the exclusive collective-bargaining representative of our
employees in the unit at our Algonac, Marine City, Mt. Clemens, and New Baltimore,
Michigan facilities.
UNITED STATES POSTAL SERVICE
The Board’s decision can be found at www.nlrb.gov/case/07-CA-099915 or by using the
QR code below. Alternatively, you can obtain a copy of the decision from the Executive
Secretary, National Labor Relations Board, 1099 14th Street, N.W., Washington, D.C.
20570, or by calling (202) 273-1940.