By Don Cheney

April 26, 2015

A National Labor Relations Board decision issued April 16, 2015, in United States Postal Service (10-CA-134589, et al.) out of Alabama is similar to one last year from Roswell, Georgia (10-CA-120885). The NLRB must be getting tired of USPS scofflaws. It includes the same language as before: “Supervisors or managers who fail to reasonably supply relevant information to the Union will have this fact mentioned in the ‘corrective action’ column of the semi-annual audit report provided to the district manager and district manager of human resources. A repeated violation could lead to discipline of said supervisor or manager.”

The National Labor Relations Act does not require a request for information (RFI) from a steward to be in writing. A RFI may be submitted orally or in writing, as in these NLRB cases. Supervisors that require a RFI in writing for routine requests, like work schedules and clock rings, before providing it are using an unlawful delaying tactic. Medical information is an exception, due to HIPPA. If the manager or supervisor believes that they need additional time, the manager or supervisor is supposed to inform the Union in writing, request additional time and explain the need for the additional time.

In these situations it is customary for the parties to extend the time limits for processing a grievance. If the manager or supervisor refuses, there is a remedy. In United States Postal Service (10-CA-129726; 362 NLRB No. 70), decided April 17, 2015, the NLRB ordered the Postal Service to waive any grievance processing deadlines that the Union missed due to management’s delay in providing information specified in the complaint. This charge was filed by National Association of Letter Carriers, Branch 233, in Columbia, South Carolina.

Don Cheney
Auburn WA

NATIONAL LABOR RELATIONS BOARD
Washington, D.C., April 16, 2015

United States Postal Service (10-CA-134589, et al.) Auburn, Birmingham, Decatur, Gadsden, Huntsville, Jacksonville, Leeds, and Tuscaloosa, Alabama. Charges filed by American Postal Workers Union, Gadsden Area Local 537; National Association of Letter Carriers, Branch 1047; and National Postal Mail Handlers Union, Local 317.

DECISION AND 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, Auburn, Birmingham, Decatur, Gadsden, Huntsville, Jacksonville, Leeds, and Tuscaloosa, Alabama, its officers, agents, successors, and assigns, shall

1. Cease and desist from:

(a) Refusing to bargain collectively and in good faith with the American Postal Workers Union, Gadsden Area Local 537, by failing, refusing, and unduly delaying in furnishing information that is relevant and necessary to the performance of their duties as agents of the American Postal Workers Union (APWU National Union)….

(b) Refusing to bargain collectively and in good faith with the National Postal Mail Handlers Union, Local 317, by failing, refusing, and unduly delaying in furnishing information that is relevant and necessary to the performance of their duties as agents of the National Postal Mail Handlers Union (National NPMHU)….

(c) Refusing to bargain collectively and in good faith with the National Association of Letter Carriers, Branch 1047, by failing, refusing, and unduly delaying in furnishing information that is relevant and necessary to the performance of their duties as agents of the National Association of Letter Carriers (National NALC)….

(d) In any other like or related manner interfering with, restraining, or coercing employees in the exercise of the rights guaranteed them by Section 7 of the Act.

2. Take the following affirmative action necessary to effectuate the policies of the Act:

(a) Upon request, provide the Unions with necessary and relevant information in a timely and appropriate manner.

(b) Each information request tendered by the Unions, orally or in writing, shall be recorded at each of the Respondent’s facilities located in Auburn, Birmingham, Decatur, Gadsden, Huntsville, Jacksonville, Leeds, and Tuscaloosa, Alabama. These logs shall include the following information: a brief description of the information requested; the name of the individual who is making the request; 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 Local Union with the requested information. If the manager or supervisor, having reviewed the documents requested, believes that the Respondent will need additional time, the manager or supervisor will inform the Union in writing, requesting additional time and explaining the need for the additional time.

(c) Each manager and supervisor who is designated to receive union requests for information at the Respondent’s facilities located in Auburn, Birmingham, Decatur, Gadsden, Huntsville, Jacksonville, Leeds, and Tuscaloosa, Alabama, will receive annual training which encompasses how to maintain the log, and how to tender the relevant information requested by the Union; each such supervisor and manager will sign an acknowledgment form attesting to the fact that he or she has completed said training. A copy of this acknowledgement form shall be maintained in the supervisor’s or manager’s training and history files. Union stewards will be granted access to the logs, upon request. Supervisors or managers who fail to reasonably supply relevant information to the Union will have this fact mentioned in the “corrective action” column of the semi-annual audit report provided to the district manager and district manager of human resources. A repeated violation could lead to discipline of said supervisor or manager.

(d) Union stewards at the Respondent’s facilities located in Auburn, Birmingham, Decatur, Gadsden, Huntsville, Jacksonville, Leeds, and Tuscaloosa, Alabama must be notified when the manager or supervisor who is designated to receive union requests for information at their particular facility has changed.

(e) The Respondent’s legal department or its labor relations department shall conduct semi-annual audits of the logs at each of the Respondent’s facilities located in Auburn, Birmingham, Decatur, Gadsden, Huntsville, Jacksonville, Leeds, and Tuscaloosa, Alabama to ensure that the information requested by the Unions is being handled in a timely and appropriate manner, and to ensure the logs are being properly maintained. Following the audit, the legal department or labor relations department shall tender, in writing, a written report that will be forwarded to the district manager and district manager of human resources.

(f) Within 14 days of service by the Region, post at all of its facilities located in the State of Alabama, copies of the attached notice marked “Appendix A.” Copies of the notice, on forms provided by the Regional Director for Region 10, 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.

(g) Within 21 days after service by the Region, file with the Regional Director for Region 10 a sworn certification of a responsible official on a form provided by the Region attesting to the steps the Respondent has taken to comply. The Regional Director shall be supplied a copy of the documents signed by the district manager of labor relations, attesting to the dates that the notices were received at each facility, and the dates that the notices were posted.

Mark Gaston Pearce, Chairman
Harry I. Johnson, III, Member
Lauren McFerran, Member
NATIONAL LABOR RELATIONS BOARD