July 21, 2021
CONCLUSIONS OF LAW
1. The Board has jurisdiction over Respondent, the United States Postal Service, and this case by virtue of Section 1209 of the Postal Reorganization Act (PRA).
2. Local 300, Central Michigan Area, American Postal Workers Union (APWU), AFL–CIO, is a labor organization within the meaning of Section 2(5) of the Act.
3. By unreasonably delaying in providing the Union with information as requested on November 29, 2018, and thereafter until January 10, 2019, that is relevant and necessary to the performance of its function as the exclusive collective-bargaining
representative of Respondent’s employees, Respondent has engaged in unfair labor practices affecting commerce within the meaning of Section 8(a)(5) and (1) of the National Labor Relations Act.4. The unfair labor practices committed by Respondent affect commerce within the meaning of Section 2(6) and (7) of the Act.
REMEDY
Having found that Respondent has engaged in certain unfair labor practices, I shall order it to cease and desist therefrom and to take certain affirmative action designed to effectuate the policies of the Act. More specifically, having found that Respondent has engaged in unfair labor practices within the meaning of Section (a)(5) and (1) of the Act, it shall be ordered cease from unreasonably delaying in providing the Union with information relevant and necessary to the performance of its function as the exclusive collective-bargaining representative of Respondent’s employees. Respondent will further be ordered to post and mail a notice to employees as attached as the Appendix.
On these findings of fact and conclusions of law and on the entire record, I issue the following recommended
ORDER
Respondent, United States Postal Service, East Rapids, Michigan, its officers, agents, successors, and assigns, shall
1. Cease and desist from
(a) Unreasonably delaying in providing the Union, Local 300, Central Michigan Area, American Postal Workers Union (APWU), AFL–CIO, with information, on request, that is relevant and necessary to the performance of its function as the exclusive collective-bargaining representative of Respondent’s employees in the following appropriate bargaining unit:All maintenance employees, motor vehicle employees, postal clerks, special delivery messengers, mail equipment shops employees, material distribution centers employees, operating services and facilities services employees, but excluding managerial and supervisory personnel, professional employees, employees engaged in personnel work in other than a purely nonconfidential clerical capacity, security guards as defined by Public Law 91-375, 1201(2), all postal inspection service employees, employees in the supplemental work force as defined in Article 7, rural letter carriers, mail handlers and letter carriers.
(b) In any like or related manner interfering with, restraining, or coercing employees 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) On request, furnish the Union with information in a timely manner that is relevant and necessary to the performance of its function as the exclusive collective-bargaining representative of Respondent’s employees.(b) Within 14 days after service by the Region, post at its facility in Eaton Rapids, Michigan copies of the attached notice marked “Appendix.” 13 Copies of the notice, on forms provided by the Regional Director for Region 7, 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, the 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 employees 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. In the event that, during the pendency of these proceedings, the Respondent has gone out of business or closed the facility involved in these proceedings, the Respondent shall duplicate and mail, at its own expense, a copy of the notice to all current employees and former employees employed by the Respondent at any time since November 29, 2018.
(c) Within 21 days after service by the Region, file with the Regional Director 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.