NLRB Restores Longstanding Arbitral Deferral Standards

December 23, 2019 – Washington DC – In a decision released today in United Parcel Service, Inc., 369 NLRB 1 (2019), the National Labor Relations Board returned to its traditional standard for post-arbitral deferral. The post-arbitral deferral standard is used by the Board to decide whether to defer to an arbitrator’s prior resolution of a…

 Continue reading

NLRB issues decision on APWU Information Request cases

ORDER The Respondent, United States Postal Service, Albermarle, Charlotte, Concord, Fayetteville, Huntersville, Kannapolis, Kings Mountain, and Rutherfordton, North Carolina, its officers, agents, successors, and assigns, shall 1. Cease and desist from the following in connection with the Respondent’s employees employed in the Respondent’s facilities set forth in Appendix A. (a) Refusing to bargain collectively and…

 Continue reading

NLRB Adopts Mandatory E-Filing Policy

Washington, DC, October 22, 2019 – The Office of the General Counsel has issued Memorandum GC 20-01, announcing a new policy requiring that all affidavits, correspondence, position statements, documentary or other evidence in connection with unfair labor practice or representation cases processed in Regional offices be submitted through the Agency’s electronic filing (e-filing) system. On…

 Continue reading

Two Recent NLRB Decisions of Note

Local 307, National Postal Mailhandlers Union (NPMHU) (07-CB-218938; 367 NLRB No. 144) Detroit, MI, June 4, 2019. The Board granted the General Counsel’s Motion for Default Judgment based on the Respondent’s failure to file an answer to the complaint. Finding no merit in the Respondent’s assertion that it was not properly served with the complaint,…

 Continue reading

NLRB General Counsel Issues Clarification Memo on Duty of Fair Representation

On March 26, 2019, the NLRB General Counsel issued more instructions regarding a union’s Section 8(b)(1)(A) Duty of Fair Representation. Local unions need to be careful. “In circumstances where a union has lost track or forgotten about a grievance, ‘mere negligence’ ordinarily will not excuse the union unless it can show that it was following…

 Continue reading

NLRB Decision – Nasty Postmaster Fired a CCA for Filing Grievances

A nasty postmaster in Katy, Texas fired a CCA for filing grievances. This type of boss exists in too many post offices! This story had a happy ending. The NLRB went to bat for her. REMEDY Having found that the U.S.P.S. committed unfair labor practices, it is ordered to cease and desist and to take…

 Continue reading

NLRB Division of Judges Issues Updated Bench Book

January 9, 2019 Washington, D.C—The Judges Division of the National Labor Relations Board (NLRB) has issued an updated Bench Book, which replaces an earlier version issued in January 2018. The new January 2019 edition contains citations to numerous additional Board and court decisions and other authorities. It also contains several new sections, including sections addressing…

 Continue reading

NLRB General Counsel Warning to Unions on Duty of Fair Representation

The NLRB General Counsel issued a stern warning to labor unions today on the Duty of Fair Representation (attached below). The Republican appointees on the board do not look kindly on unions. Congress took away our right to collect dues on nonmembers, but unions are still expected to represent everyone fairly and equally. They are…

 Continue reading