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, the Board found that the Respondent breached the duty of fair representation by unreasonably delaying, for arbitrary reasons, the processing of class action grievance settlements regarding the crossing of crafts at the Employer’s facility.

United States Postal Service (05-CA-180590; 367 NLRB No. 142) Alexandria, VA, June 4, 2019.

In a Supplemental Decision and Order, following remand to the Administrative Law Judge, the Board adopted the judge’s conclusion, in the absence of exceptions, that the Respondent violated Section 8(a)(3)and (1) by discriminatorily giving a probationary employee a performance evaluation to retaliate for his recent grievance and arbitration against the Respondent. The Board reversed the judge to additionally find that the Respondent violated Section 8(a)(3)and (1) by discharging the employee for his conduct at the evaluation meeting. The Respondent asserted that it discharged the employee because his conduct prevented it from completing its evaluation of his work performance. However, the Respondent initiated the evaluation in retaliation for the employee’s prior grievance and arbitration. Although the employee’s argumentative conduct at the meeting prevented completion of the evaluation, he would not have been at that meeting but for the Respondent’s unlawful actions. The Board concluded that the Respondent could not carry its burden, under Wright Line, to show that it would have discharged the employee even in the absence of his protected activity.


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