August 15, 2023

ORDER

The National Labor Relations Board orders that the Respondent, United States Postal Service, Tallahassee, Florida, its officers, agents, successors, and assigns, shall

1. Cease and desist from
(a) Discriminating against employees who engage in activities on behalf of National Association of Letter Carriers, Branch 1172, AFL–CIO.

(b) In any 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) Within 14 days from the date of this Order, offer Teresa Boyd an 8 hours per day, 40 hours per week work
schedule.

(b) Make Boyd whole for any loss of earnings and other benefits, and for any other direct or foreseeable pecuniary harms, suffered as a result of its unlawful conduct, in the manner set forth in the remedy section of the judge’s decision as amended in this decision.

(c) Compensate Boyd for the adverse tax consequences, if any, of receiving a lump-sum backpay award, and file with the Regional Director for Region 12, within 21 days of the date the amount of backpay is fixed, either by agreement or by Board order, a report allocating the backpay award to the appropriate calendar years.

(d) File with the Regional Director for Region 12, within 21 days of the date the amount of backpay is fixed by agreement or Board order, or such additional time as the Regional Director may allow for good cause shown, a copy of Boyd’s corresponding W-2 forms reflecting the backpay award.

(e) Preserve and, within 14 days of a request, or such additional time as the Regional Director may allow for good cause shown, provide at a reasonable place designated by the Board or its agents, all payroll records, social security payment records, timecards, personnel records and reports, and all other records, including an electronic copy of such records if stored in electronic form, necessary to analyze the amount of backpay due under the terms of this Order.

(f) Post at its facilities in Tallahassee, Florida copies of the attached notice marked “Appendix.” Copies of the notice, on forms provided by the Regional Director for Region 12, 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. 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 employees by such means. The Respondent shall take reasonable steps to ensure that the notices are not altered, defaced, or covered by any other material. If the Respondent has gone out of business or closed the facilities 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 October 7, 2020.

(g) Within 21 days after service by the Region, file with the Regional Director for Region 12 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. August 15, 2023

Lauren McFerran, Chairman
Gwynne A. Wilcox, Member
David M. Prouty, Member

NLRB Board Decision – August 15, 2023