From: James Stevenson <email@example.com>
Sent: Friday, October 27, 2023
Subject: Global NLRB settlement covering multiple installations with express “time-limit waiver language on all grievances”
Please find attached a Global NLRB settlement in which I required as a condition that the employer waive all time limits for the filing of grievances (page 7 paragraph 1 of the attached) for any violations which are revealed upon the late production of requested information. I would not agree to the settlement absent that express waiver on time limits for the filing of grievances. If the information was requested in March 2021 the Union is free to initiate a grievance going back to the date with the newly received information. Matters not if the information was necessary for contractual or disciplinary grievances-the time limit waiver applies. It is a provision that you may want to make sure is included in any informal or formal settlement with the NLRB on the failure to provide or unreasonably delay in providing information. You can use this as an example. The settlement also affirms the APWU’s right to obtain a copy of the IMIP (Publication 552/553 Report) and emails between Eagan and the USPS regarding back pay communications.
It is not sufficient to simply do a notice posting, a cease and desist, an affirmative obligation to produce, or even monetary remuneration to the charging party or fines to the NLRB. The failure to provide information effects our ability to provide mutual aid and protection so in order to truly make the APWU whole we must be placed in the position to which we would have been in had the information been timely provided and that is retroactively restoring our rights to file a timely grievance on the violation(s).
National Business Agent
Central Region-Chicago Office