November 28, 2024
Greensburg, Pa.— The National Labor Relations Board (NLRB) has ruled that the United States Postal Service (USPS) violated federal labor law by constructively discharging a letter carrier, Nicolas Montross, after he invoked his contractual rights under a collective bargaining agreement. The ruling, issued November 27, orders the USPS to reinstate Montross, compensate him for lost earnings, and remove all records related to the incident from his file.

The case, originating from a May 2021 dispute at the USPS facility in Greensburg, Pennsylvania, centered on Montross’ invocation of the “12/60 Rule.” The rule, part of the collective bargaining agreement between USPS and Branch 84 of the National Association of Letter Carriers (AFL-CIO), limits full-time employees to 12 hours of work per day and 60 hours per week. Montross refused to exceed these limits, citing exhaustion and safety concerns.

During pre-disciplinary interviews (PDIs), USPS supervisors threatened Montross with termination and criminal prosecution. The NLRB found that these actions, along with implied accusations of disloyalty and an interrogation of another employee about union activity, violated Section 8(a)(1) of the National Labor Relations Act. Montross resigned shortly after the interviews, stating he feared retaliation, including potential arrest.

The NLRB ruled the resignation was a “constructive discharge,” forced by conditions that made continued employment untenable. “The USPS conveyed to Montross that it would not abide by the collective bargaining agreement’s overtime restrictions, leaving him no choice but to resign or forgo his protected rights,” the Board concluded.

In addition to reinstating Montross, the USPS must pay back wages, compensate for any direct or foreseeable financial harms, and address tax consequences stemming from a lump-sum backpay award. The USPS is also required to post a notice at the Greensburg facility affirming employees’ rights under federal labor law.

The decision underscores the NLRB’s position on protecting employees’ contractual and collective bargaining rights. The ruling can be reviewed at www.nlrb.gov/case/06-CA-277831.

NLRB Decision – November 27, 2024

Source: The Bloomingtonian

Related: 12/02/2024: United States Postal Service Challenges Constitutionality of NLRB Make-Whole Remedy