NLRB: APWU Detroit District Area failed to bargain in good faith with Teamsters Union

ORDER The National Labor Relations Board orders that the Respondent, Local #295, Detroit District Area, American Postal Workers Union (APWU), AFL–CIO, Detroit, Michigan, its officers, agents, and representatives, shall: 1. Cease and desist from (a) Failing and refusing to bargain in good faith with Local 243, International Brotherhood of Teamsters (IBT) (the Union) as the…

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NLRB Decision on USPS Delaying Central Michigan Area APWU Requests For Information

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…

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New NLRB Policy: Offensive and Abusive Speech is No Longer Protected Activity

July 21, 2020 Washington D.C. – In a decision issued today in General Motors LLC, 14-CA-197985 369 NLRB No. 127 (2020), the National Labor Relations Board modified the standard for determining whether employees have been lawfully disciplined or discharged after making abusive or offensive statements—including profane, racist, and sexually unacceptable remarks—in the course of activity…

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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…

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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…

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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…

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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,…

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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…

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