FINDINGS OF FACT
The United States Postal Service (the Employer) provides postal services for the United States and operates various facilities throughout the United States in performing that function, including its facility located at 3928 Highway 32, Leonville, Louisiana (the Employer’s facility). The Board has jurisdiction over the Employer and this matter by virtue of Section 1209 of the Postal Reorganization Act (PRA), 39 U.S.C. § 101 et seq.
We find that the Respondent and American Postal Workers Union, AFL–CIO (the National Union) are labor organizations within the meaning of Section 2(5) of the Act.
II. ALLEGED UNFAIR LABOR PRACTICES
At all material times, the following individuals held the positions set forth opposite their names and have been agents of the Respondent within the meaning of Section 2(13) of the Act:
Steven P. Breaux – President (former)
Joshua Montgomery – President (current)
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, employees in the supplemental work forces as defined in Article 7 of the collective-bargaining agreement between Employer and the National Union, 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.
The following events occurred, giving rise to this proceeding.
1. (a) Since about April 8, 2021, the Respondent has failed to file a grievance concerning harassment and a 7-day suspension that Lavergne requested to file under the provisions of the agreement described above.
(b) Since about June 15, 2021, the Respondent has failed to file a grievance concerning a 14-day suspension that Lavergne requested to file under the provisions of the agreement described above.
(c) Since about June 16, 2021, the Respondent has failed to file a grievance concerning the posting of Lavergne’s job that Lavergne requested to file under the provisions of the agreement described above.
(d) Since about June 29, 2021, the Respondent has failed to file a grievance concerning a letter of removal that Lavergne requested to file under the provisions of the agreement described above.
2. The Respondent’s conduct described above in paragraphs1(a) through (d) was arbitrary and perfunctory.
CONCLUSIONS OF LAW
By the conduct described above in connection with its representative status, the Respondent has failed to represent Lavergne for reasons that are arbitrary, discriminatory, or in bad faith and has breached the fiduciary duty it owes to Lavergne 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.
Board Decision and Order – March 10, 2023
Source: American Postal Workers Union of Louisiana (United States Postal Service) | National Labor Relations Board