UNITED STATES POSTAL SERVICE

National Labor Relations Board - Board Decisions

May 30, 2019

09-CA-191579 (N.L.R.B. May. 30, 2019)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
UNITED STATES POSTAL SERVICE
and Case 09-CA-191579
AMERICAN POSTAL WORKERS UNION,
LOCAL 232, AFL-CIO
DECISION AND ORDER
Statement of the Case
On October 24, 2018, the United States Postal Service (the Respondent);
American Postal Workers Union, Local 232, AFL-CIO (the Union); 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017383 et al., unpublished order issued November 4, 2002, enfd.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.
Member Emanuel would not approve the provision of the Order that requires the
Respondent to cease and desist from refusing to bargain with “any other labor
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 of America and
operates various facilities throughout the United States in performing that function,
including its facility at 2323 Citygate Drive, Columbus, Ohio. 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
At all material times, American Postal Workers Union, AFL-CIO, Local 232 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, Columbus, Ohio, its officers,
agents, successors, and assigns, shall
1. Cease and desist from the following in connection with its employees
employed at its facility at 2323 Citygate Dr., Columbus, Ohio, in the following bargaining
unit, in which the Union represents a majority of the Respondent’s employees:
All maintenance employees, motor vehicle employees, postal clerks, mail
equipment shops employees, material distribution centers employees and
operating services and facilities employees, excluding managerial and
supervisory personnel, employees engaged in personnel work in other
than a purely non-confidential clerical capacity, security guards, postal
inspection service employees, rural letter carriers, mail handlers, and letter
carriers.
(a) Refusing to bargain collectively and in good faith with the American Postal
Workers Union, AFL-CIO, Local 232, or any other labor organization, by unduly delaying

organization,” because no violations against other unions are alleged as part of this
case.
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furnishing information that is relevant and necessary to the Union in performing its duty
as the exclusive bargaining representatives of the bargaining unit, or by unduly delaying
in telling the Union that the information does not exist.

(b) In any like or related manner interfering with, restraining, or coercing
employees in the exercise of the rights guaranteed them by the National Labor
Relations Act.
2. Take the following affirmative action necessary to effectuate the policies of the
Act:
(a) Within 14 days of service by the Region:
Post at its 2323 Citygate Dr., Columbus, Ohio facility a copy of the Notice
to Employees that the Regional Director for Region 9 shall provide to the
Respondent for posting. The Region will provide ten (10) copies of the
Notice that the Respondent will be required to duplicate in color, at its own
expense, before posting. The duplicated copies, 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.
(b) Within 21 days after service by the Region, the Respondent shall submit one
signed and sworn Certification of Compliance, Part I form certifying that it has complied
with this Settlement Stipulation by providing the dates and specific locations (i.e., break
room bulletin board) where the Respondent posted the Notice.
Dated, Washington, D.C., May 30, 2019.
___________________________________
Lauren McFerran, Member
___________________________________
Marvin E. Kaplan, Member
___________________________________
William J. Emanuel, Member
(SEAL) NATIONAL LABOR RELATIONS BOARD
4
APPENDIX
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 the American Postal
Workers Union, AFL-CIO, Local 232, or any other labor organization, by unduly delaying
furnishing information that is relevant and necessary to the Union in performing its duty
as the exclusive bargaining representatives of the bargaining unit, or by unduly delaying
in telling the Union that the information does not exist.
WE HAVE provided the Union with the information it requested on November 8, 2016.
WE WILL NOT in any like or related manner interfere with, restrain, or coerce
employees in the exercise of the rights guaranteed them by Section 7 of the National
Labor Relations Act.
UNITED STATES POSTAL SERVICE
The Board’s decision can be found at www.nlrb.gov/case/09-CA-191579 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.