UNITED STATES POSTAL SERVICE

363 NLRB No. 16 NOTICE: This opinion is subject to formal revision before publication in the bound volumes of NLRB decisions. Readers are requested to notify the Ex- ecutive Secretary, National Labor Relations Board, Washington, D.C. 20570, of any typographical or other formal errors so that corrections can be included in the bound volumes. United States Postal Service and Stefan Gustaf Ronnkvist. Case 18–CA–142795 September 29, 2015 ORDER DENYING MOTION1 BY CHAIRMAN PEARCE AND MEMBERS MISCIMARRA AND HIROZAWA The General Counsel’s Motion for Summary Judgment is denied. The General Counsel has failed to establish that there are no genuine issues of material fact warrant- ing a hearing and that he is entitled to judgment as a mat- ter of law.2 1 The National Labor Relations Board has delegated its authority in this proceeding to a three-member panel. 2 The General Counsel alleges that Respondent’s rule regarding the “Interception of Oral or Wire Communications by Postal Employees” violates Sec. 8(a)(1) of the Act. Member Miscimarra notes that, as the Dated, Washington, D.C. September 29, 2015 Mark Gaston Pearce, Chairman Philip A. Miscimarra, Member Kent Y. Hirozawa, Member (SEAL) NATIONAL LABOR RELATIONS BOARD Respondent contends in opposition of the General Counsel’s Motion for Summary Judgment, certain precedents relied upon by the General Counsel suggest the employer’s rationale(s) for adopting such a rule may be material to the disposition of the allegations in this case, and neither the record nor the rule itself provide evidence regarding any such rationale(s). On this basis Member Miscimarra denies the motion.