12-CA-227639 (N.L.R.B. Dec. 9, 2019)

United States Postal Service

National Labor Relations Board - Unpublished Board DecisionsDec 9, 2019

12-CA-227639 (N.L.R.B. Dec. 9, 2019)

UNITED STATES OF AMERICA BEFORE THE NATIONAL LABOR RELATIONS BOARD UNITED STATES POSTAL SERVICE and Case 12-CA-227639 NATIONAL ASSOCIATION OF LETTER CARRIERS, BRANCH 818, AFL-CIO and Case 12-CA-232017 AMERICAN POSTAL WORKERS UNION, LOCAL 620, AFL-CIO and Case 12-CA-233307 AMERICAN POSTAL WORKERS UNION, LOCAL 1201, AFL-CIO and Case 12-CA-234296 AMERICAN POSTAL WORKERS UNION, LOCAL 172, AFL-CIO and Case 12-CA-235891 AMERICAN POSTAL WORKERS UNION, PALM BEACH AREA LOCAL 749, AFL-CIO DECISION AND ORDER Statement of the Cases On August 12, 2019, the United States Postal Service (the Respondent), National Association of Letter Carriers, Branch 818, AFL-CIO (Branch 818), American Postal Workers Union, Local 620, AFL-CIO (Local 620), American Postal Workers Union, Local 1201, AFL-CIO (Local 1201), American Postal Workers Union, Local 172, AFL-CIO (Local 172), and American Postal Workers Union, Palm Beach Area Local 749, AFL-CIO (Local 749), (collectively, the Local Unions), 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 Respondent waived all further and other proceedings before the Board to which it may be entitled 2 under the National Labor Relations Act (the 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 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 is engaged in the business of providing postal services for the United States of America and operates various facilities throughout the United States in performing that function, including its facilities at 1900 West Oakland Park Blvd., Fort Lauderdale, Florida (Oakland Park Branch); 400 Whitehead Street, Key West, Florida (Key West Main Post Office); 2764 N. Roosevelt Blvd., Key West, Florida (Flagler Key West Post Office); 2200 NW 72nd Avenue, Miami, Florida 33152 (Miami P&DC and General Mail Facility); 1340 NW Avenue L, Belle Glade, Florida (Belle Glade Post Office); 1530 W. Boynton Beach Blvd., Boynton Beach, Florida (Boynton Beach Main Post Office); 6400 West Boynton Beach Blvd., Boynton Beach, Florida (Boynton Beach Jog Road Post Office); 217 N. Seacrest Blvd., Boynton Beach, Florida (Boynton Beach Downtown Post Office); 12570 U.S. Highway 441, Canal Point, Florida (Canal Point 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 parts of the Order that require the Respondent to take action with respect to “other unions with which the Respondent has an exclusive collective-bargaining relationship,” because no violations against other unions are alleged as part of this case. 3 Post Office); 400 S. Bernier Road, Clewiston, Florida (Clewiston Post Office); 14280 S. Military Trail, Delray Beach, Florida (Delray Beach Main Post Office); 10290 W. Atlantic Avenue, Delray Beach, Florida (Delray Beach West Post Office); 5000 W. Midway Road, Fort Pierce, Florida (Fort Pierce Main Post Office); 5000 West Midway Road, Fort Pierce, Florida (Fort Pierce Main Office/VMF); 1717 Orange Avenue, Fort Pierce, Florida (Fort Pierce Orange Avenue Station); 9995 SE Federal Highway, Hobe Sound, Florida (Hobe Sound Post Office); 2301 NE Savannah Avenue, Jensen Beach, Florida (Jensen Beach Main Post Office); 11007 S. Ocean Drive, Jensen Beach, Florida (Jensen Beach Hutchinson Island Branch); 1095 Military Trail, Jupiter Beach, Florida (Jupiter Main Post Office); 401 Old Dixie Highway, Jupiter Beach, Florida (Jupiter Tequesta Branch); 4151 Lake Worth Road, Lake Worth, Florida (Lake Worth Main Post Office); 720 Lucerne Avenue, Lake Worth, Florida (Lake Worth Lucerne Station); 4300 S. Jog Road, Greenacres, Florida (Lake Worth Greenacres Branch); 201 W. Ocean Avenue, Lantana, Florida (Lake Worth Lantana Branch); 250 S. 10th Street, Moore Haven, Florida (Moore Haven Post Office); 1000 Highway 70 E., Okeechobee, Florida (Okeechobee Post Office); 331 Bacom Point Road, Pahokee, Florida (Pahokee Post Office); 340 Royal Poinciana Way, Palm Beach, Florida (Palm Beach Main Post Office); 401 S. County Road, Palm Beach, Florida (Palm Beach Worth Avenue Post Office); 1040 Okeechobee Road, West Palm Beach, Florida (Palm Beach Carrier Annex); 1257 SW Martin Highway, Palm City, Florida (Palm City Main/Annex); 4755 SE Dixie Highway, Port Salerno, Florida (Port Salerno Post Office); 290 NW Peacock Blvd., Port Saint Lucie, Florida (Port Saint Lucie Main Post Office); 2255 Veterans Memorial Parkway, Port Saint Lucie, Florida (Port Saint Lucie Midport Station); 801 SE Johnson Avenue, Stuart, Florida (Stuart Main Post Office); 4411 SE Federal Highway, Stuart, Florida (Stuart Carrier Annex); 2190 Zipcode Place, West Palm Beach, Florida (West Palm Beach Annex); 3200 Summit Blvd., West Palm Beach, Florida (West Palm Beach P&DC); 1040 Okeechobee Road, West Palm Beach, Florida (WPB City Place Station); 640 Clematis Street, West Palm Beach, Florida (WPB Downtown Station); 3900 N. Haverhill Road, West Palm Beach, Florida (WPB Haverhill Branch); 904 Park Avenue, West Palm Beach, Florida (WPB Lake Park Branch); 643 U.S. Highway 1, North Palm Beach, Florida (WPB North Palm Beach Branch); 516 Northwood Road, West Palm Beach, Florida (WPB Northwood Station); 3300 Fairchild Gardens Avenue, Palm Beach Gardens, Florida (WPB Palm Beach Gardens Branch); 3101 PGA Blvd., Palm Beach Gardens, Florida (WPB Palm Beach Gardens Mall Post Office); 818 S. Military Trail, West Palm Beach, Florida (WPB Palms Central Carrier Annex); 10299 Southern Blvd., Royal Palm Beach, Florida (WPB Palms West Branch); 1905 Blue Heron Blvd., Riviera Beach, Florida (WPB Riviera Beach Branch); 1050 Royal Palm Beach Blvd., Royal Palm Beach, Florida (WPB Royal Palm Beach Branch); 2505 Ocean Avenue, Riviera Beach, Florida (WPB Singer Island Post Office); 3161 Fairlane Farm Road, Wellington, Florida (WPB Wellington Carrier Annex); and 12794 Forest Hill Blvd., Wellington, Florida (WPB Wellington Station), the only facilities involved in this matter. The Board has jurisdiction over the Respondent and this case by virtue of Section 1209 of the Postal Reorganization Act, 39 U.S.C. § 101 et seq. 2. The labor organizations involved 4 National Association of Letter Carriers, AFL-CIO (NALC) and Branch 818 each are, and at all material times have been, labor organizations within the meaning of Section 2(5) of the Act. American Postal Workers Union, AFL-CIO (APWU), Local 620, Local 1201, Local 172, and Local 749 each are, and at all material times have been, labor organizations 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, its officers, agents, successors, and assigns, at its facilities located at 1900 West Oakland Park Blvd., Fort Lauderdale, Florida (Oakland Park Branch); 400 Whitehead Street, Key West, Florida (Key West Main Post Office); 2764 N. Roosevelt Blvd., Key West, Florida (Flagler Key West Post Office); 2200 NW 72nd Avenue, Miami, Florida 33152 (Miami P&DC and General Mail Facility); 1340 NW Avenue L, Belle Glade, Florida (Belle Glade Post Office); 1530 W. Boynton Beach Blvd., Boynton Beach, Florida (Boynton Beach Main Post Office); 6400 West Boynton Beach Blvd., Boynton Beach, Florida (Boynton Beach Jog Road Post Office); 217 N. Seacrest Blvd., Boynton Beach, Florida (Boynton Beach Downtown Post Office); 12570 U.S. Highway 441, Canal Point, Florida (Canal Point Post Office); 400 S. Bernier Road, Clewiston, Florida (Clewiston Post Office); 14280 S. Military Trail, Delray Beach, Florida (Delray Beach Main Post Office); 10290 W. Atlantic Avenue, Delray Beach, Florida (Delray Beach West Post Office); 5000 W. Midway Road, Fort Pierce, Florida (Fort Pierce Main Post Office); 5000 West Midway Road, Fort Pierce, Florida (Fort Pierce Main Office/VMF); 1717 Orange Avenue, Fort Pierce, Florida (Fort Pierce Orange Avenue Station); 9995 SE Federal Highway, Hobe Sound, Florida (Hobe Sound Post Office); 2301 NE Savannah Avenue, Jensen Beach, Florida (Jensen Beach Main Post Office); 11007 S. Ocean Drive, Jensen Beach, Florida (Jensen Beach Hutchinson Island Branch); 1095 Military Trail, Jupiter Beach, Florida (Jupiter Main Post Office); 401 Old Dixie Highway, Jupiter Beach, Florida (Jupiter Tequesta Branch); 4151 Lake Worth Road, Lake Worth, Florida (Lake Worth Main Post Office); 720 Lucerne Avenue, Lake Worth, Florida (Lake Worth Lucerne Station); 4300 S. Jog Road, Greenacres, Florida (Lake Worth Greenacres Branch); 201 W. Ocean Avenue, Lantana, Florida (Lake Worth Lantana Branch); 250 S. 10th Street, Moore Haven, Florida (Moore Haven Post Office); 1000 Highway 70 E., Okeechobee, Florida (Okeechobee Post Office); 331 Bacom Point Road, Pahokee, Florida (Pahokee Post Office); 340 Royal Poinciana Way, Palm Beach, Florida (Palm Beach Main Post Office); 401 S. County Road, Palm Beach, Florida (Palm Beach Worth Avenue Post Office); 1040 Okeechobee Road, West Palm Beach, Florida (Palm Beach Carrier Annex); 1257 SW Martin Highway, Palm City, Florida (Palm City Main/Annex); 4755 SE Dixie Highway, Port Salerno, Florida (Port Salerno Post Office); 290 NW Peacock Blvd., Port Saint Lucie, Florida (Port Saint Lucie Main Post Office); 2255 Veterans Memorial Parkway, Port Saint Lucie, Florida (Port Saint 5 Lucie Midport Station); 801 SE Johnson Avenue, Stuart, Florida (Stuart Main Post Office); 4411 SE Federal Highway, Stuart, Florida (Stuart Carrier Annex); 2190 Zipcode Place, West Palm Beach, Florida (West Palm Beach Annex); 3200 Summit Blvd., West Palm Beach, Florida (West Palm Beach P&DC); 1040 Okeechobee Road, West Palm Beach, Florida (WPB City Place Station); 640 Clematis Street, West Palm Beach, Florida (WPB Downtown Station); 3900 N. Haverhill Road, West Palm Beach, Florida (WPB Haverhill Branch); 904 Park Avenue, West Palm Beach, Florida (WPB Lake Park Branch); 643 U.S. Highway 1, North Palm Beach, Florida (WPB North Palm Beach Branch); 516 Northwood Road, West Palm Beach, Florida (WPB Northwood Station); 3300 Fairchild Gardens Avenue, Palm Beach Gardens, Florida (WPB Palm Beach Gardens Branch); 3101 PGA Blvd., Palm Beach Gardens, Florida (WPB Palm Beach Gardens Mall Post Office); 818 S. Military Trail, West Palm Beach, Florida (WPB Palms Central Carrier Annex); 10299 Southern Blvd., Royal Palm Beach, Florida (WPB Palms West Branch); 1905 Blue Heron Blvd., Riviera Beach, Florida (WPB Riviera Beach Branch); 1050 Royal Palm Beach Blvd., Royal Palm Beach, Florida (WPB Royal Palm Beach Branch); 2505 Ocean Avenue, Riviera Beach, Florida (WPB Singer Island Post Office); 3161 Fairlane Farm Road, Wellington, Florida (WPB Wellington Carrier Annex); and 12794 Forest Hill Blvd., Wellington, Florida (WPB Wellington Station), shall: 1. Cease and desist from: (a) Failing or refusing to provide National Association of Letter Carriers, AFL- CIO or its agents, including National Association of Letter Carriers, Branch 818, AFL-CIO, with requested information that is relevant and necessary to its role as the exclusive collective-bargaining representative of the employees in the following unit: All employees in the bargaining unit for which NALC has been recognized and certified at the national level – City Letter Carriers, employed by the United States Postal Service, excluding managerial and supervisory personnel, professional employees, employees engaged in personnel work in other than a purely non- confidential capacity, security guards as defined in Public Law 91 – 775, 1201(2), Postal Inspection Service employees, employees in the supplemental work forces as defined in Article 7 of the collective-bargaining agreement between Respondent and NALC, rural letter carriers, mail handlers, maintenance employees, Special Delivery Messengers, Motor Vehicle Employees and Postal Clerks. (b) Failing or refusing to provide, or unreasonably delaying in providing American Postal Workers Union, AFL-CIO or its agents, including Local 620, Local 1201, Local 172 and Local 749 AFL-CIO, with requested information that is relevant and necessary to its role as the exclusive collective-bargaining representative of the employees in the following unit: 6 All employees in the bargaining unit for which APWU has been recognized and certified at the national level: maintenance employees, motor vehicle employees, postal clerks, mail equipment shops employees, material distribution centers employees, and operating services and facilities services employees; 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 between Respondent and APWU, rural letter carriers, mail handlers, and letter carriers. (c) In any like or related manner interfering with, restraining, or coercing employees in the exercise of the rights guaranteed them in Section 7 of the Act. 2. Take the following affirmative action: (a) Within 14 days from the date of the Board’s Order, the Respondent will provide National Association of Letter Carriers Branch 818, AFL-CIO (Branch 818) with the information that it requested on June 20, June 22, July 25, August 6, August 14, September 6, and September 13, 2018, regarding newly hired employees Vinny Alwani, Scott Wilson, Marlene Garcia, David Soto, Joseph Phillips, Omosa Ada, Patrina Morrow, Connie Warren, Maria Aquino, Brian Lopez, Jeff Bennet, Courtney Jones, John Glass, and Nancy Torres, at the Respondent’s Key West Main Post Office. Specifically, the Respondent will provide Branch 818 with: The following information that was requested on June 20, 2018: Access to test scores and veterans preference information for employees Vinny Alwani, Scott Wilson, Marlene Garcia, David Soto, Joseph Phillips, and Omosa Ada. The following information that was requested on June 22, 2018: Access to test scores and veterans preference information contained in the USPS Interactive Pre-Hire list for employees Vinny Alwani, Scott Wilson, Marlene Garcia, David Soto, Joseph Phillips, and Omosa Ada. The following information that was requested on July 25, 2018: Access to test scores and veterans preference information for employees Vinny Alwani, Scott Wilson, David Soto, Patrina Morrow, Connie Warren, and Maria Aquino. 7 The following information that was requested on August 6, 2018: Access to test scores and veterans preference information contained in the USPS Interactive Pre-Hire list for new carriers from January 2018 to August 6, 2018. The following information that was requested on August 14, 2018: Access to test scores and veterans preference information contained in the USPS Interactive Pre-Hire list for employees Vinny Alwani, Scott Wilson, Marlene Garcia, David Soto, Joseph Phillips, Omosa Ada, Maria Aquino, Patrina Morrow, Connie Warren and all 9 new employees starting in August 2018. The following information that was requested on September 6, 2018: Access to test scores and veterans preference information contained in the USPS Interactive Pre-Hire list for all new carriers for 2018. The following information that was requested on September 13, 2018: Access to test scores and veterans preference information contained in the USPS Interactive Pre-Hire list for employees Vinny Alwani, Scott Wilson, Marlene Garcia, David Soto, Joseph Phillips, Omosa Ada, Maria Aquino, Patrina Morrow, Connie Warren, Brian Lopez, Jeff Bennett, Courtney Jones, John Glass, and Nancy Torres. (b) Within 14 days from the date of the Board’s Order, the Respondent will provide American Postal Workers Union, Local 620, AFL-CIO (Local 620) with information that it requested on October 30, November 14, November 21, November 30, and December 8, 2018, at the Respondent’s Key West Main Post Office, and Flagler Key West Post Office. Specifically, the Respondent will provide Local 620 with: The following information that was requested on October 30, 2018: The identity of the supervisor position vacancy that Jennifer Wolf is filling. The following information that was requested on November 14, 2018: (i) The SPMS Report for DUT Key West Main for Pay Period 23 all days. 8 (ii) The SPMS Report for Box Up Time Key West Main for Pay Period 23 all days. (iii) The SPMS Report for Box Up Time Key West Flagler for Pay Period 23 all days. (iv) The CSDRS Report for Key West for October 31, 2018. (v) The status of BMEU (Business Mail Entry Unit) duty assignment 95106214. (vi) The status of Clerk Elsa Garcia and duty assignment she was in as of November 13, 2018. The following information that was requested on November 21, 2018: (i) The SPMS Report for DUT Key West Main for Pay Period 24-1. (ii) The SPMS Report for Box Up Time Key West Flagler for Pay Period 24-1. (iii) The SPMS Report for Box Up Time Key West Flagler for Pay Period 24-1. The following information that was requested on November 30, 2018: (i) All emails and correspondence, directives, letters, etcetera, between the installation head and his management team and USPS headquarters/area/district pertaining to proposed bid reversion 70956828. (ii) The operational changes or equipment removal being experienced in Key West and supporting documents. (iii) The OT alert reports for the 60 days before the reversion of duty assignment 70956828. (iv) Documentation showing where the Postal Service openly solicited, requested, or offered employee liberal annual leave for the 4-week period before the reversion date of November 23, 2018. 9 (v) Copies of all requests for annual leave (approved or denied) for the 4-week period before the reversion of duty assignment 70956828. (vi) The LTATS (Loan, Transfer and Training System) report of the full week, for 4 months before the reversion of duty assignment 70956828. (vii) The SPMS Report for DUT Key West Main for Pay Period 24-2. (viii) The SPMS Report for Box Up Time Key West Main for Pay Period 24-2. (ix) The SPMS Report for Box Up Time Key West Flagler for Pay Period 24-2. (x) If the Installation Head was not the Deciding Official, the name and EAS Title of the Deciding Official who made the decision to revert duty assignment 70956828. (Who made the decision to revert the duty assignment?) (xi) A copy of any request the Installation Head made to fill the proposed reversion and any replies to the request. (xii) Copies of all instructions given by USPS headquarters/area/district to revert duty assignment 70956828. The following information that was requested on December 8, 2018: (i) Whether there are any injured carriers presently performing clerk work in Key West and whether there were any in the 4 weeks prior to the reversion on November 23, 2018. (ii) Copies of prior four installation bid postings and corresponding award notices in Key West. (iii) The CSV (Customer Service Variance) audit for Key West. (c) Within 14 days from the date of the Board’s Order, the Respondent will provide American Postal Workers Union, Local 172, AFL-CIO (Local 172) with information that it requested on December 29, 2018 regarding a grievance investigation pertaining to unit employees. Specifically, the Respondent will provide Local 172 with: 10 (i) Who is authorizing Milum to move mail for [zip code] 333, 331, and 330 stations? (ii) Copies of all vehicle service being provided by contractors (names of companies and contract numbers) during the time mentioned above [December 15, 2018 to December 28, 2018]. (d) Within 14 days from the date of the Board’s Order, the Respondent will provide American Postal Workers Union, Local 749, AFL-CIO (Local 749) with information that it requested on December 12, 2018 regarding contract enforcement on behalf of APWU Unit employees at the Belle Glade Post Office, Boynton Beach Main Post Office, Boynton Beach Jog Road Post Office, Boynton Beach Downtown Post Office, Clewiston Post Office, Delray Beach Main Post Office, Delray Beach West Post Office, Fort Pierce Main Post Office, Fort Pierce Main Office/VMF, Fort Pierce Orange Avenue Station, Hobe Sound Post Office, Jensen Beach Main Post Office, Jensen Beach Hutchinson Island Branch, Jupiter Main Post Office, Jupiter Tequesta Branch, Lake Worth Main Post Office, Lake Worth Lucerne Station, Lake Worth Greenacres Branch, Lake Worth Lantana Branch, Okeechobee Post Office, Pahokee Post Office, and Canal Point Post Office. Specifically, the Respondent will provide Local 749 with: (i) Copies of, or access to, PS Form 4851 for the last 13 accounting periods. (ii) Copies of, or access to, work order for non-LDC 38 work performed by custodians. (iii) Copies of, or access to, employee Weekly Work report for all custodians FY18. (e) Within 14 days from the date of the Board’s Order, the Respondent will provide American Postal Workers Union, Local 749, AFL-CIO (Local 749) with information that it requested on December 12, 2018 related to contract enforcement on behalf of APWU Unit employees at Palm Beach Main Post Office and Palm Beach Worth Avenue Post Office. Specifically, the Respondent will provide Local 749 with: (i) Copies of, or access to, approved MS-47 package. (ii) Copies of, or access to, PS Form 4839. (iii) Copies of, or access to, PS Form 4852. (iv) Copies of, or access to, PS Form 4851 for the last 13 accounting periods. 11 (v) Copies of, or access to, work order for non-LDC 38 work performed by custodians. (vi) Copies of, or access to, employee Weekly Work report for all custodians FY18. (vii) Copies of Webcoins and Job postings for all custodians. (f) Within 14 days from the date of the Board’s Order, the Respondent will provide American Postal Workers Union, Local 749, AFL-CIO (Local 749) with information that it requested on December 12, 2018 related to contract enforcement on behalf of APWU Unit employees at Palm Beach Carrier Annex. Specifically, the Respondent will provide Local 749 with: (i) Copies of, or access to, approved MS-47 staffing package. (ii) Copies of, or access to, PS Form 4839. (iii) Copies of, or access to, PS Form 4852. (iv) Copies of, or access to, PS Form 4851 for the last 13 accounting periods. (v) Copies of, or access to, work order for non-LDC 38 work performed by custodians. (vi) Copies of, or access to, employee Weekly Work report for all custodians FY18. (g) Within 14 days from the date of the Board’s Order, the Respondent will provide American Postal Workers Union, Local 749, AFL-CIO (Local 749) with information that it requested on December 12, 2018 related to contract enforcement on behalf of APWU Unit employees at Palm City Main/Annex. Specifically, the Respondent will provide Local 749 with: (i) Copies of, or access to, approved MS-47 staffing package. (ii) Copies of, or access to, PS Form 4839. (h) Within 14 days from the date of the Board’s Order, the Respondent will provide American Postal Workers Union, Local 749, AFL-CIO (Local 749) with information that it requested on December 12, 2018 related to contract enforcement on behalf of APWU Unit employees at Port Saint Lucie Main Post Office and Port Saint Lucie Midport Station. Specifically, the Respondent will provide Local 749 with: (i) Copies of, or access to, approved MS-47 staffing package. 12 (ii) Copies of, or access to, PS Form 4839. (iii) Copies of, or access to, PS Form 4852. (iv) Copies of, or access to, PS Form 4851 for the last 13 accounting periods. (v) Copies of, or access to, work order for non-LDC 38 work performed by custodians. (vi) Copies of, or access to, employee Weekly Work report for all custodians FY18. (i) Within 14 days from the date of the Board’s Order, the Respondent will provide American Postal Workers Union, Local 749, AFL-CIO (Local 749) with information that it requested on December 12, 2018 related to contract enforcement on behalf of APWU Unit employees at Port Salerno Post Office. Specifically, the Respondent will provide Local 749 with: (i) Copies of, or access to, approved MS-47 staffing package. (ii) Copies of, or access to, PS Form 4851 for the last 13 accounting periods. (iii) Copies of, or access to, work order for non-LDC 38 work performed by custodians. (iv) Copies of, or access to, employee Weekly Work report for all custodians FY18. (v) Copies of Webcoins and Job postings for all custodians. (j) Within 14 days from the date of the Board’s Order, the Respondent will provide American Postal Workers Union, Local 749, AFL-CIO (Local 749) with information that it requested on December 12, 2018 related to contract enforcement on behalf of APWU Unit employees at Stuart Carrier Annex. Specifically, the Respondent will provide Local 749 with: (i) Copies of, or access to, approved MS-47 staffing package. (ii) Copies of, or access to, PS Form 4839. (k) Within 14 days from the date of the Board’s Order, the Respondent will provide American Postal Workers Union, Local 749, AFL-CIO (Local 749) with information that it requested on December 12, 2018 related to contract enforcement on behalf of APWU Unit employees at Stuart Main Office. Specifically, the Respondent will provide Local 749 with: (i) Copies of, or access to, approved MS-47 staffing package. 13 (ii) Copies of, or access to, PS Form 4839. (iii) Copies of, or access to, PS Form 4852. (iv) Copies of, or access to, PS Form 4851 for the last 13 accounting periods. (v) Copies of, or access to, work order for non-LDC 38 work performed by custodians. (vi) Copies of, or access to, employee Weekly Work report for all custodians FY18. (l) Within 14 days from the date of the Board’s Order, the Respondent will provide American Postal Workers Union, Local 749, AFL-CIO (Local 749) with information that it requested on December 12, 2018 related to contract enforcement on behalf of APWU Unit employees at West Palm Beach P&DC, WPB City Place Station, WPB Downtown Station, WPB Haverhill Branch, WPB Lake Park Branch, WPB North Palm Beach Branch, WPB Northwood Station, WPB Palm Beach Gardens Branch, WPB Palm Beach Gardens Mall Post Office, WPB Palms Central Carrier Annex, WPB Palms West Branch, WPB Riviera Beach Branch, WPB Royal Palm Beach Branch, WPB Singer Island Post Office, and WPB Wellington Carrier Annex. Specifically, the Respondent will provide Local 749 with: (i) Copies of, or access to, PS Form 4851 for the last 13 accounting periods. (ii) Copies of, or access to, work order for non-LDC 38 work performed by custodians. (iii) Copies of, or access to, employee Weekly Work report for all custodians FY18. (m) Within 14 days from the date of the Board’s Order, the Respondent will provide American Postal Workers Union, Local 749, AFL-CIO (Local 749) with information that it requested on December 12, 2018 related to contract enforcement on behalf of APWU Unit employees at WPB Wellington Station. Specifically, the Respondent will provide Local 749 with: (i) Copies of, or access to, PS Form 4869. (ii) Copies of, or access to, PS Form 4851 for the last 13 accounting periods. (iii) Copies of, or access to, work order for non-LDC 38 work performed by custodians. (iv) Copies of, or access to, employee Weekly Work report for all custodians FY18. 14 (n) After issuance of the Board’s Order and within 14 days of service by the Region, post in all of the Respondent’s facilities located in its South Florida District, including but not limited to the Respondent’s facilities located in zip codes 33000 through 33499, and 34000 through 34999, copies of the attached notice marked “Appendix” (the Notice). Copies of the Notice, on forms provided by Region 12, 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. (o) After issuance of the Board’s Order and within 14 days of service by the Region, schedule meetings at each of the Respondent’s facilities located at 1900 West Oakland Park Blvd., Fort Lauderdale, Florida (Oakland Park Branch); 400 Whitehead Street, Key West, Florida (Key West Main Post Office); 2764 N. Roosevelt Blvd., Key West, Florida (Flagler Key West Post Office); 2200 NW 72nd Avenue, Miami, Florida 33152 (Miami P&DC and General Mail Facility); 1340 NW Avenue L, Belle Glade, Florida (Belle Glade Post Office); 1530 W. Boynton Beach Blvd., Boynton Beach, Florida (Boynton Beach Main Post Office); 6400 West Boynton Beach Blvd., Boynton Beach, Florida (Boynton Beach Jog Road Post Office); 217 N. Seacrest Blvd., Boynton Beach, Florida (Boynton Beach Downtown Post Office); 12570 U.S. Highway 441, Canal Point, Florida (Canal Point Post Office); 400 S. Bernier Road, Clewiston, Florida (Clewiston Post Office); 14280 S. Military Trail, Delray Beach, Florida (Delray Beach Main Post Office); 10290 W. Atlantic Avenue, Delray Beach, Florida (Delray Beach West Post Office); 5000 W. Midway Road, Fort Pierce, Florida (Fort Pierce Main Post Office); 5000 West Midway Road, Fort Pierce, Florida (Fort Pierce Main Office/VMF); 1717 Orange Avenue, Fort Pierce, Florida (Fort Pierce Orange Avenue Station); 9995 SE Federal Highway, Hobe Sound, Florida (Hobe Sound Post Office); 2301 NE Savannah Avenue, Jensen Beach, Florida (Jensen Beach Main Post Office); 11007 S. Ocean Drive, Jensen Beach, Florida (Jensen Beach Hutchinson Island Branch); 1095 Military Trail, Jupiter Beach, Florida (Jupiter Main Post Office); 401 Old Dixie Highway, Jupiter Beach, Florida (Jupiter Tequesta Branch); 4151 Lake Worth Road, Lake Worth, Florida (Lake Worth Main Post Office); 720 Lucerne Avenue, Lake Worth, Florida (Lake Worth Lucerne Station); 4300 S. Jog Road, Greenacres, Florida (Lake Worth Greenacres Branch); 201 W. Ocean Avenue, Lantana, Florida (Lake Worth Lantana Branch); 250 S. 10th Street, Moore Haven, Florida (Moore Haven Post Office); 1000 Highway 70 E., Okeechobee, Florida (Okeechobee Post Office); 331 Bacom Point Road, Pahokee, Florida (Pahokee Post Office); 340 Royal Poinciana Way, Palm Beach, Florida (Palm Beach Main Post Office); 401 S. County Road, Palm Beach, Florida (Palm Beach Worth Avenue Post Office); 15 1040 Okeechobee Road, West Palm Beach, Florida (Palm Beach Carrier Annex); 1257 SW Martin Highway, Palm City, Florida (Palm City Main/Annex); 4755 SE Dixie Highway, Port Salerno, Florida (Port Salerno Post Office); 290 NW Peacock Blvd., Port Saint Lucie, Florida (Port Saint Lucie Main Post Office); 2255 Veterans Memorial Parkway, Port Saint Lucie, Florida (Port Saint Lucie Midport Station); 801 SE Johnson Avenue, Stuart, Florida (Stuart Main Post Office); 4411 SE Federal Highway, Stuart, Florida (Stuart Carrier Annex); 2190 Zipcode Place, West Palm Beach, Florida (West Palm Beach Annex); 3200 Summit Blvd., West Palm Beach, Florida (West Palm Beach P&DC); 1040 Okeechobee Road, West Palm Beach, Florida (WPB City Place Station); 640 Clematis Street, West Palm Beach, Florida (WPB Downtown Station); 3900 N. Haverhill Road, West Palm Beach, Florida (WPB Haverhill Branch); 904 Park Avenue, West Palm Beach, Florida (WPB Lake Park Branch); 643 U.S. Highway 1, North Palm Beach, Florida (WPB North Palm Beach Branch); 516 Northwood Road, West Palm Beach, Florida (WPB Northwood Station); 3300 Fairchild Gardens Avenue, Palm Beach Gardens, Florida (WPB Palm Beach Gardens Branch); 3101 PGA Blvd., Palm Beach Gardens, Florida (WPB Palm Beach Gardens Mall Post Office); 818 S. Military Trail, West Palm Beach, Florida (WPB Palms Central Carrier Annex); 10299 Southern Blvd., Royal Palm Beach, Florida (WPB Palms West Branch); 1905 Blue Heron Blvd., Riviera Beach, Florida (WPB Riviera Beach Branch); 1050 Royal Palm Beach Blvd., Royal Palm Beach, Florida (WPB Royal Palm Beach Branch); 2505 Ocean Avenue, Riviera Beach, Florida (WPB Singer Island Post Office); 3161 Fairlane Farm Road, Wellington, Florida (WPB Wellington Carrier Annex); and 12794 Forest Hill Blvd., Wellington, Florida (WPB Wellington Station), to ensure the widest possible attendance among all employees employed at said facilities for the purpose of reading the Notice to the assembled employees during the employees’ worktime, and provide a copy of the schedule of these meetings to the Region; and within 30 days thereafter, by postmasters, facility heads, or other responsible management officials of the Respondent, read the Notice to the assembled employees during the employees’ worktime at the scheduled meetings. (p) After issuance of the Board’s Order and within 14 days of the service of the Notice upon the Respondent by the Region, mail a copy of the Board Order and the Notice to all of the Respondent’s supervisors and managers. (q) Waive, for 30 days following the provision of information to Branch 818, Local 620, Local 172, and Local 749, as required by paragraphs 2(a) through 2(m) of the Board’s Order, any contractual deadlines for filing and pursuit of grievances related to the provided information. (r) Notify union stewards of Branch 818, Local 620, Local 1201, Local 172, Local 749, and other unions with which the Respondent has an exclusive bargaining relationship, when the manager or supervisor who is designated to receive 16 requests for information at the facility or facilities for which the steward is responsible has changed, and provide the union stewards with the name of the newly designated manager or supervisor. (s) Maintain a written log in which it will immediately record each information request tendered to the Respondent, orally or in writing, by Branch 818, Local 620, Local 1201, Local 172, Local 749, and other unions with which the Respondent has an exclusive bargaining relationship. The log shall include a brief description of the information requested; the name of the individual who made the request; the name of the requesting union; the name of the supervisor who received the request; the date the request was made; and the date that the Respondent’s manager or supervisor provided the requested information to the requesting union. Union stewards will be granted access to the logs upon request and if a manager or supervisor, having reviewed the documents requested, believes that the Respondent will need additional time to furnish information, the manager or supervisor will inform Branch 818, Local 620, Local 1201, Local 172, Local 749, and other unions, as applicable, of the need for additional time and explain the need for additional time. (t) Provide each manager and supervisor of the Respondent annual training that encompasses how to maintain the above-described logs and how to tender the relevant requested information to the requesting unions. The Respondent will require that each such manager and supervisor complete an acknowledgement form attesting that he or she has completed the annual training, and maintain a copy of the acknowledgement form attesting to the fact that he or she has completed the annual training, and maintain a copy of the acknowledgement form in the supervisor’s or manager’s training and history file. (u) Conduct annual audits of the aforementioned logs by the Respondent’s legal or labor relations department to ensure that union information requests are being handled in a timely and appropriate manner and to ensure that the logs are being properly maintained. The Respondent’s legal or labor relations department will prepare and tender a written report concerning the annual audit to the district manager and district manager of human resources of the Respondent’s South Florida District. The Respondent shall include a “corrective action” column of the annual audit to report all instances in which a supervisor or manager fails to furnish requested relevant information or fails to reasonably timely furnish information to the requesting union, and shall subject supervisors and managers to possible discipline for repeated failures to furnish requested relevant information or to reasonably timely furnish information to the requesting union. (v) Within 21 days from the date of the Board’s Order, file with the Regional Director for Region 12 a sworn certification of a responsible official on a form 17 provided by the Region attesting to the steps the Respondent has taken to comply. Dated, Washington, D.C., December 9, 2019. ___________________________________ Lauren McFerran, Member ___________________________________ Marvin E. Kaplan, Member ___________________________________ William J. Emanuel, Member (SEAL) NATIONAL LABOR RELATIONS BOARD 18 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 The National Labor Relations Board has found that we violated Federal labor law and has ordered us to post and obey this notice: 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 fail or refuse to provide National Association of Letter Carriers, AFL- CIO, Branch 818 (NALC Branch 818) with requested information that is relevant and necessary to the role of National Association of Letter Carriers, AFL-CIO (NALC) as the exclusive collective-bargaining representative of the bargaining unit of City Letter Carriers which is fully defined in our collective-bargaining agreement with NALC. WE WILL NOT fail or refuse to provide, or unreasonably delay in providing, American Postal Workers Union, AFL-CIO, Local 620 (APWU Local 620), American Postal Workers Union, Local 1201, AFL-CIO (APWU Local 1201), American Postal Workers Union, AFL-CIO, Local 172 (APWU Local 172), or American Postal Workers Union, Palm Beach Area Local 749, AFL-CIO (APWU Local 749) with requested information that is relevant and necessary to the role of American Postal Workers Union, AFL-CIO (APWU) as the exclusive collective-bargaining representative of the bargaining unit of maintenance employees, motor vehicle employees, postal clerks, mail equipment shops employees, material distribution centers employees, and operating services and facilities service employees, which is fully defined in our most recent collective- bargaining agreement with APWU. WE WILL NOT in any like or related manner interfere with, restrain, or coerce employees in their exercise of the above stated rights guaranteed under Section 7 of the National Labor Relations Act. WE WILL, upon request, provide NALC Branch 818, APWU Local 620, APWU Local 1201, APWU Local 172, APWU Local 749, and other unions with which we have an 19 exclusive collective-bargaining relationship with necessary and relevant information that they have requested in a timely and appropriate manner. WE WILL promptly provide NALC Branch 818 with the information it requested on June 20, June 22, July 25, August 6, August 14, September 6, and September 13, 2018. WE WILL promptly provide APWU Local 620 with the information it requested on October 30, November 14, November 21, November 30, and December 8, 2018. WE WILL promptly provide APWU Local 172 with the information it requested on December 29, 2018. WE WILL promptly provide APWU Local 749 with the information it requested on December 12, 2018. WE WILL waive for 30 days following the provision of information to NALC Branch 818, APWU Local 620, APWU Local 1201, APWU Local 172, and APWU Local 749, respectively, as required by the above provisions of this Notice and the Board Order, any contractual deadlines for the filing and pursuit of grievances related to the provided information. WE WILL notify the union stewards of NALC Branch 818, APWU Local 620, APWU Local 1201, APWU Local 172, APWU Local 749, and other unions that represent employees at our facilities on the below list, when the manager or supervisor who is designated to receive requests for information at the facility or facilities for which the steward is responsible, has changed, and WE WILL provide the union stewards with the name of the newly designated manager or supervisor. 1 1900 West Oakland Park Blvd., Fort Lauderdale, Florida (Oakland Park Branch) 2 400 Whitehead Street, Key West, Florida (Key West Main Post Office) 3 2764 N. Roosevelt Blvd., Key West, Florida (Flagler Key West Post Office) 4 2200 NW 72nd Avenue, Miami, Florida 33152 (Miami P&DC and General Mail Facility) 5 1340 NW Avenue L, Belle Glade, Florida (Belle Glade Post Office) 6 1530 W. Boynton Beach Blvd., Boynton Beach, Florida (Boynton Beach Main Post Office) 7 6400 West Boynton Beach Blvd., Boynton Beach, Florida (Boynton Beach Jog Road Post Office) 8 217 N. Seacrest Blvd., Boynton Beach, Florida (Boynton Beach Downtown Post Office) 9 12570 U.S. Highway 441, Canal Point, Florida (Canal Point Post Office) 10 400 S. Bernier Road, Clewiston, Florida (Clewiston Post Office) 20 11 14280 S. Military Trail, Delray Beach, Florida (Delray Beach Main Post Office) 12 10290 W. Atlantic Avenue, Delray Beach, Florida (Delray Beach West Post Office) 13 5000 W. Midway Road, Fort Pierce, Florida (Fort Pierce Main Post Office) 14 5000 West Midway Road, Fort Pierce, Florida (Fort Pierce Main Office/VMF) 15 1717 Orange Avenue, Fort Pierce, Florida (Fort Pierce Orange Avenue Station) 16 9995 SE Federal Highway, Hobe Sound, Florida (Hobe Sound Post Office) 17 2301 NE Savannah Avenue, Jensen Beach, Florida (Jensen Beach Main Post Office) 18 11007 S. Ocean Drive, Jensen Beach, Florida (Jensen Beach Hutchinson Island Branch) 19 1095 Military Trail, Jupiter Beach, Florida (Jupiter Main Post Office) 20 401 Old Dixie Highway, Jupiter Beach, Florida (Jupiter Tequesta Branch) 21 4151 Lake Worth Road, Lake Worth, Florida (Lake Worth Main Post Office) 22 720 Lucerne Avenue, Lake Worth, Florida (Lake Worth Lucerne Station) 23 4300 S. Jog Road, Greenacres, Florida (Lake Worth Greenacres Branch) 24 201 W. Ocean Avenue, Lantana, Florida (Lake Worth Lantana Branch) 25 250 S. 10th Street, Moore Haven, Florida (Moore Haven Post Office) 26 1000 Highway 70 E., Okeechobee, Florida (Okeechobee Post Office) 27 331 Bacom Point Road, Pahokee, Florida (Pahokee Post Office) 28 340 Royal Poinciana Way, Palm Beach, Florida (Palm Beach Main Post Office) 29 401 S. County Road, Palm Beach, Florida (Palm Beach Worth Avenue Post Office) 30 1040 Okeechobee Road, West Palm Beach, Florida (Palm Beach Carrier Annex) 31 1257 SW Martin Highway, Palm City, Florida (Palm City Main/Annex) 32 4755 SE Dixie Highway, Port Salerno, Florida (Port Salerno Post Office) 33 290 NW Peacock Blvd., Port Saint Lucie, Florida (Port Saint Lucie Main Post Office) 34 2255 Veterans Memorial Parkway, Port Saint Lucie, Florida (Port Saint Lucie Midport Station) 35 801 SE Johnson Avenue, Stuart, Florida (Stuart Main Post Office) 21 36 4411 SE Federal Highway, Stuart, Florida (Stuart Carrier Annex) 37 2190 Zipcode Place, West Palm Beach, Florida (West Palm Beach Annex) 38 3200 Summit Blvd., West Palm Beach, Florida (West Palm Beach P&DC) 39 1040 Okeechobee Road, West Palm Beach, Florida (WPB City Place Station) 40 640 Clematis Street, West Palm Beach, Florida (WPB Downtown Station) 41 3900 N. Haverhill Road, West Palm Beach, Florida (WPB Haverhill Branch) 42 904 Park Avenue, West Palm Beach, Florida (WPB Lake Park Branch) 43 643 U.S. Highway 1, North Palm Beach, Florida (WPB North Palm Beach Branch) 44 516 Northwood Road, West Palm Beach, Florida (WPB Northwood Station) 45 3300 Fairchild Gardens Avenue, Palm Beach Gardens, Florida (WPB Palm Beach Gardens Branch) 46 3101 PGA Blvd., Palm Beach Gardens, Florida (WPB Palm Beach Gardens Mall Post Office) 47 818 S. Military Trail, West Palm Beach, Florida (WPB Palms Central Carrier Annex) 48 10299 Southern Blvd., Royal Palm Beach, Florida (WPB Palms West Branch) 49 1905 Blue Heron Blvd., Riviera Beach, Florida (WPB Riviera Beach Branch) 50 1050 Royal Palm Beach Blvd., Royal Palm Beach, Florida (WPB Royal Palm Beach Branch) 51 2505 Ocean Avenue, Riviera Beach, Florida (WPB Singer Island Post Office) 52 3161 Fairlane Farm Road, Wellington, Florida (WPB Wellington Carrier Annex) 53 12794 Forest Hill Blvd., Wellington, Florida (WPB Wellington Station) WE WILL maintain at each of our facilities on the above list a log in which we will immediately record each oral and written information request made by NALC Branch 818, APWU Local 620, APWU Local 1201, APWU Local 172, and APWU Local 749, and other unions that represent employees at said facilities, and WE WILL provide these unions with reasonable access to the logs that pertain to their requests. WE WILL provide annual training to each manager and supervisor who is designated to receive union requests for information at our facilities on the above list. The training will encompass how to maintain the log of information requests and how to tender the relevant requested information to the requesting unions. WE WILL require our legal or labor relations department to conduct annual audits of the logs at our facilities on the above list to ensure that union information requests are being 22 handled in a timely and appropriate manner and to ensure that the logs are being properly maintained. UNITED STATES POSTAL SERVICE The Board’s decision can be found at www.nlrb.gov/case/12-CA-227639 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.