December 12, 2022
ALLEGED UNFAIR LABOR PRACTICES
At all material times, the following individual held the position set forth opposite his name and has been an agent of the Respondent within the meaning of Section 2(13) of the Act:
Steve Breaux – Local Union President
At all material times, by virtue of Section 9(a) of the Act, the National Union has been the exclusive collective bargaining representative of the following employees of the Employer (the unit):
All employees in the bargaining unit for which the National Union 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, rural letter carriers, mail handlers, and letter carriers.
At all material times, the National Union and the Employer have maintained and enforced a collective-bargaining agreement covering the terms and conditions of employment of the unit, including a grievance and arbitration procedure.
At all material times, the Respondent has been an agent of the National Union for administering the collective-bargaining agreement at the Employer’s facility located at 817 E. Dale Street, New Iberia, Louisiana 70560.
Since about March 20, 2022, the Respondent has failed and/or refused to process a grievance concerning the Employer threatening to issue discipline to Randle under the provisions of the agreement described above.
Since about March 20, 2022, the Respondent failed to respond to Randle’s request to file a grievance concerning the Employer threatening to issue discipline to her.
The Respondent’s conduct described above was perfunctory and arbitrary.
CONCLUSIONS OF LAW
By the conduct described above in connection with its representative status, the Respondent has failed to represent Randle for reasons that are arbitrary, perfunctory, discriminatory, or in bad faith and has breached the fiduciary duty it owes to Randle and the unit.
By the conduct described above, the Respondent has been restraining and coercing employees in the exercise of the rights guaranteed in Section 7 of the Act in violation of Section 8(b)(1)(A) of the Act and within the meaning of the PRA.
REMEDY
Having found that the Respondent has engaged in certain unfair labor practices, we shall order it to cease and desist and to take certain affirmative action designed to effectuate the policies of the Act. Specifically, having found that the Respondent breached its fiduciary duty of fair representation owed to Randle in connection with the processing of her grievance in violation of Section 8(b)(1)(A) of the Act, we shall provide the remedy prescribed in Iron Workers Local 377 (Alamillo Steel Corp.), 326 NLRB 375 (1998). Accordingly, we shall order the Respondent to promptly request that the Employer consider Randle’s grievance and, if the Employer does so, to process the grievance in accordance with the collective bargaining agreement between the National Union and the Employer, including whatever settlement discussions or proposals may be consistent with the parties’ processing of the grievance.
In addition, we shall order the Respondent to permit Randle to be represented by her own counsel at any grievance proceeding, including any arbitration that the Respondent authorizes or other resolution proceedings that may follow from the Respondent’s efforts on Randle’s behalf, and pay the reasonable legal fees of such counsel. Following exhaustion of any grievance processing in the prearbitration stage of the grievance procedure, the Respondent may exercise its discretion, consistent with its duty of fair representation, and decide in good faith whether to pursue the grievance to arbitration. If it is not possible to pursue the grievance based on the Employer’s unwillingness to do so, and if the General Counsel shows in compliance proceedings that a timely pursued grievance would have been successful in arbitration, the Respondent shall make Randle whole for increases in damages, if any, suffered as a consequence of its failure to process her grievance in good faith as set forth in Iron Workers Local 377 (Alamillo Steel Corp.), supra, with interest at the rate prescribed in New Horizons, 283 NLRB 1173 (1987), compounded daily as prescribed in Kentucky River Medical Center, 356 NLRB 6 (2010).
ORDER
The National Labor Relations Board orders that the Respondent, American Postal Workers Union, Local 3067, New Iberia, Louisiana, its officers, agents, and representatives, shall
1. Cease and desist from
(a) Breaching its duty of fair representation by failing or refusing to process a unit employee’s grievance, or by failing to respond to a unit employee’s request to file a grievance, for reasons that are arbitrary, discriminatory, or in bad faith.
(b) In any like or related manner 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) Promptly request the United States Postal Service (the Employer) to consider Precious Randle’s grievance and, if it agrees to do so, process the grievance with due diligence in accordance with the collective-bargaining agreement between the Employer and the Respondent.
(b) Permit Precious Randle to be represented by her own counsel at any grievance proceeding, including arbitration or other resolution proceeding, and pay the reasonable legal fees of such counsel.
(c) In the event that it is not possible for the Respondent to pursue the grievance, and if the General Counsel shows in a compliance proceeding that a timely pursued grievance would have been successful, make Precious Randle whole for any increases in damages suffered as a consequence of the Respondent’s failure to process her grievance in good faith, in the manner set forth in the remedy section of this decision.
(d) Post at its union office and meeting places copies of the attached notice marked “Appendix.” Copies of the notice, on forms provided by the Regional Director for Region 15, 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 and members are customarily posted. In addition to physical posting of paper notices, notices shall be distributed electronically, such as by email, posting on an intranet or an internet site, and/or other electronic means, if the Respondent customarily communicates with its members by such means. Reasonable steps shall be taken by the Respondent to ensure that the notices are not altered, defaced, or covered by any other material.
(e) Within 14 days after service by the Region, deliver to the Regional Director for Region 15 signed copies of the notice in sufficient number for posting by the Employer at its New Iberia, Louisiana facility, if it is willing, at all places where notices to employees are customarily posted.
(f) Within 21 days after service by the Region, file with the Regional Director for Region 15 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.Dated, Washington, D.C. December 12, 2022