United States Postal Service

National Labor Relations Board - Board Decisions

May 30, 2019

05-CA-213750 (N.L.R.B. May. 30, 2019)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
UNITED STATES POSTAL SERVICE
and Cases 05-CA-213750
05-CA-213758
NATIONAL POSTAL MAIL HANDLERS UNION, 05-CA-214801
LOCAL 305, a/w NATIONAL POSTAL MAIL 05-CA-214867
HANDLERS UNION, A DIVISION OF THE LABORERS’ 05-CA-216501
INTERNATIONAL UNION OF NORTH AMERICA, AFL-CIO 05-CA-216510
05-CA-217566
05-CA-217578
05-CA-217586
05-CA-220280
05-CA-220320
DECISION AND ORDER
Statement of the Cases
On December 7, 2018, the United States Postal Service (the Respondent);
National Postal Mail Handlers Union, Local 305, a/w National Postal Mail Handlers
Union, a Division of the Laborers’ International Union of North America, 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
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 the performance of that function,
including its Processing and Distribution Center (P&DC), at 900 East Fayette Street,
Baltimore, Maryland, the only facility involved in this proceeding. 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 organizations involved
At all material times, the National Postal Mail Handlers Union, Local 305 (the
Charging Party) has been a labor organization within the meaning of Section 2(5) of the
National Labor Relations Act (the Act).
At all material times, the National Postal Mail Handlers Union, a Division of the
Laborers’ International Union of North America, AFL-CIO (the National Union) 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, Baltimore, Maryland, its officers,
agents, successors, and assigns, shall
1. Cease and desist from:
(a) Refusing to bargain collectively and in good faith with the National Union by
unduly delaying furnishing the Charging Party with requested information that is

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.
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necessary and relevant to the Charging Party in performing its duties for the National
Union, the exclusive collective-bargaining representative of the bargaining unit.

(b) In any like or related manner interfering with, restraining, or coercing its
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 Processing and
Distribution Center facility currently located at 900 East Fayette Street in Baltimore,
Maryland (the Baltimore P&DC) copies of the attached Notice to Employees, marked
“Appendix A.” The Respondent shall post and maintain copies of the notice, which may
include notices in more than one language as deemed appropriate by the Regional
Director, on forms provided by Region 5, and signed by the Respondent’s authorized
representative, 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.
(b) Within 21 days of the Board’s approval of this stipulation, file with the
Regional Director for Region 5 a sworn certification of a responsible official on a form
provided by the Region attesting to the steps that the Respondent has taken to comply
with the Order.
Dated, Washington, D.C., May 30, 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
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 refuse to bargain collectively and in good faith with National Postal Mail
Handlers Union, a Division of Laborers’ International Union of North America, AFL-CIO
(the National Union), by unduly delaying furnishing National Postal Mail Handlers Union,
Local 305 (the Union) with requested information that is necessary and relevant to the
Union in performing its duties for the National Union, the exclusive collective-bargaining
representative of the bargaining unit.
WE WILL NOT in any like or related manner interfere with your rights under Section 7 of
the Act.
UNITED STATES POSTAL SERVICE
The Board’s decision can be found at www.nlrb.gov/case/05-CA-213750 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.