United States Postal Service

National Labor Relations Board - Board Decisions

Nov 25, 2014

07-CA-113734 (N.L.R.B. Nov. 25, 2014)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
UNITED STATES POSTAL SERVICE
and Case 07-CA-113734
WESTERN MICHIGAN AREA LOCAL 281,
AMERICAN POSTAL WORKERS UNION
(APWU), AFL-CIO
DECISION AND ORDER
Statement of the Case
On August 7, 2014, the United States Postal Service (the Respondent), Western
Michigan Area Local 281, American Postal Workers Union, 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 Member Hirozawa 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United States Postal Service, 28-CA-017383 et al., unpublished order issued November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.
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 Grand Rapids, Michigan.
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 American Postal Workers Union, AFL-CIO (APWU 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 employees of the Respondent described in Article 1 of the collective-
bargaining agreement referred to below between the Respondent and APWU constitute
a unit (the unit) appropriate for the purposes of collective-bargaining within the meaning
of Section 9(b) of the Act.
Since about 1974 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 November 21, 2010, through May 20,
2015.
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 Grand Rapids, Michigan2 facilities.

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 “Grand Rapids, Michigan facilities” refers to the facilities listed in Paragraph 2(c) of
this Order.
3
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, Grand Rapids, Michigan, its
officers, agents, successors, and assigns, shall
1. Cease and desist from
(a) Failing and refusing to furnish 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) Failing and refusing to furnish 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 Grand Rapids,
Michigan area facilities.
2. Take the following affirmative action.
(a) Provide the Charging Union with copies of all medical documentation
supplied to and from the Respondent during the month of July 2012 (including injury
comp/OWCP) for Theresa Harvey.
(b) 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 Grand Rapids, Michigan area
facilities.
(c) Within 14 days of service by the Region, post copies of the attached notice
marked as Appendix A at the following facilities:
Grand Rapids P.O. 225 Michigan Street, NW, Grand Rapids
Grand Rapids P&DC 3550 Patterson Avenue SE, Grand Rapids
Grand Rapids VMF 3870 Roger B Chaffee Memorial Dr. SE,
Grand Rapids
Grand Rapids Annex 630 Division Avenue S, Grand Rapids
Grand Rapids-East Paris 3970 South Greenbrooke Drive SE,
Grand Rapids
Grand Rapids-Eastown 1451 Lake Drive SE, Grand Rapids
Grand Rapids-Kentwood 1680 44th Street, SE, Grand Rapids
Grand Rapids-Northeast 1765 3 Mile Road NE, Grand Rapids
4
Grand Rapids-Northwest 1625 Walker Avenue NW, Grand Rapids
Grand Rapids-Patterson Ann. 3500 Patterson Avenue SE, Grand Rapids
Grand Rapids-Seymour Sq. 2017 Eastern Avenue, Suite 1, Grand Rapids
Greater Michigan Dis. Off. 678 Front Street NW, Grand Rapids
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.
(d) 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., November 25, 2014
___________________________________
Kent Y. Hirozawa, Member
___________________________________
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 Western Michigan
Area Local 281, American Postal Workers Union (APWU), AFL-CIO (the Union) as the
servicing representative of the exclusive collective-bargaining representative of our
employees in the following appropriate unit at our Grand Rapids Post Office, Grand
Rapids P&DC, Grand Rapids VMF, Grand Rapids Annex, Grand Rapids-East Paris,
Grand Rapids-Eastown, Grand Rapids-Kentwood, Grand Rapids-Northeast, Grand
Rapids-Northwest, Grand Rapids-Patterson Annex, Grand Rapids-Seymour Square,
and Greater Michigan District Office (“Grand Rapids, Michigan”) facilities:
All employees in the bargaining unit for which the American Postal Workers Union,
AFO-CIO, has been recognized and certified at the national level, 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 9-375, 1201(2), all Postal Inspection Service Employees, employees in
the supplemental work force as defined in Article 7, Rural Letter Carriers, Mail handlers,
and Letter carriers.
WE WILL NOT fail or refuse to provide 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 Grand Rapids, 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 Grand Rapids, Michigan
facilities.
WE WILL provide the Union copies of all medical documentation supplied to and from
us during the month of July 2012 (including injury compensation and OWCP).
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 Grand Rapids, Michigan facilities.
UNITED STATES POSTAL SERVICE
The Board’s decision can be found at www.nlrb.gov/case/07-CA-113734 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.