American Postal Workers Union, Local 3067 (United States Postal Service)

372 NLRB No. 20 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. American Postal Workers Union, Local 3067 (United States Postal Service) and Precious Randle. Case 15–CB–292874 December 12, 2022 DECISION AND ORDER BY CHAIRMAN MCFERRAN AND MEMBERS KAPLAN AND PROUTY The General Counsel seeks a default judgment in this case on the ground that American Postal Workers Union, Local 3067 (the Respondent) has failed to file an answer to the complaint. Upon a charge and amended charges filed by Precious Randle on March 24, April 8, and August 8, 2022, respectively, the General Counsel issued a com- plaint and notice of hearing on August 11, 2022, against the Respondent, alleging that it has violated Section 8(b)(1)(A) of the Act. The Respondent failed to file an answer. On October 3, 2022, the General Counsel filed with the National Labor Relations Board a Motion for Default Judgment. On October 7, 2022, the Board issued an order transferring the proceeding to the Board and a Notice to Show Cause why the motion should not be granted. The Respondent filed no response. The allegations in the mo- tion are therefore undisputed. The National Labor Relations Board has delegated its authority in this proceeding to a three-member panel. Ruling on Motion for Default Judgment Section 102.20 of the Board’s Rules and Regulations provides that the allegations in a complaint shall be deemed admitted if an answer is not filed within 14 days from service of the complaint, unless good cause is shown. In addition, the complaint affirmatively states that unless an answer is received on or before August 25, 2022, the Board may find, pursuant to a motion for default judg- ment, that the allegations in the complaint are true. Fur- ther, the undisputed allegations in the General Counsel’s motion disclose that the Region, by letter dated August 26, 2022 (which enclosed a copy of the complaint), advised the Respondent that unless an answer was received by September 2, 2022, a motion for default judgment would be filed. Nevertheless, the Respondent failed to file an answer. In the absence of good cause being shown for the failure to file an answer, we deem the allegations in the complaint to be admitted as true, and we grant the General Counsel’s Motion for Default Judgment. On the entire record, the Board makes the following FINDINGS OF FACT I. JURISDICTION The United States Postal Service (the Employer) pro- vides postal services and operates various facilities throughout the United States in performing that function, including its facility located at 817 E. Dale Street, New Iberia, Louisiana (New Iberia facility). The Board has ju- risdiction over the Employer and this matter by virtue of Section 1209 of the Postal Reorganization Act (PRA), 39 U.S.C. § 101 et seq. We find that the Respondent and American Postal Workers Union, AFL-CIO (the National Union) are labor organizations within the meaning of Section 2(5) of the Act. II. ALLEGED UNFAIR LABOR PRACTICES At all material times, the following individual held the position set forth opposite his name and has been an agent of the Respondent within the meaning of Section 2(13) of the Act: Steve Breaux – Local Union President At all material times, by virtue of Section 9(a) of the Act, the National Union has been the exclusive collective- bargaining representative of the following employees of the Employer (the unit): All employees in the bargaining unit for which the Na- tional Union has been recognized and certified at the na- tional level: maintenance employees, motor vehicle em- ployees, postal clerks, mail equipment shops employees, material distribution centers employees, and operating services and facilities services employees. Excluding managerial and supervisory personnel, professional em- ployees, employees engaged in personnel work in other than a purely non-confidential clerical capacity, security guards as defined in Public Law 91-375, 1201(2), all Postal Inspection Service employees, rural letter carri- ers, mail handlers, and letter carriers. At all material times, the National Union and the Em- ployer have maintained and enforced a collective-bargain- ing agreement covering the terms and conditions of em- ployment of the unit, including a grievance and arbitration procedure. At all material times, the Respondent has been an agent of the National Union for administering the collective-bar- gaining agreement at the Employer’s facility located at 817 E. Dale Street, New Iberia, Louisiana 70560. Since about March 20, 2022, the Respondent has failed and/or refused to process a grievance concerning the DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD 2 Employer threatening to issue discipline to Randle under the provisions of the agreement described above. Since about March 20, 2022, the Respondent failed to respond to Randle’s request to file a grievance concerning the Employer threatening to issue discipline to her. The Respondent’s conduct described above was per- functory and arbitrary. CONCLUSIONS OF LAW By the conduct described above in connection with its representative status, the Respondent has failed to repre- sent Randle for reasons that are arbitrary, perfunctory, dis- criminatory, or in bad faith and has breached the fiduciary duty it owes to Randle and the unit. By the conduct described above, the Respondent has been restraining and coercing employees in the exercise of the rights guaranteed in Section 7 of the Act in violation of Section 8(b)(1)(A) of the Act and within the meaning of the PRA. REMEDY Having found that the Respondent has engaged in cer- tain unfair labor practices, we shall order it to cease and desist and to take certain affirmative action designed to effectuate the policies of the Act. Specifically, having found that the Respondent breached its fiduciary duty of fair representation owed to Randle in connection with the processing of her grievance in violation of Section 8(b)(1)(A) of the Act, we shall provide the remedy pre- scribed in Iron Workers Local 377 (Alamillo Steel Corp.), 326 NLRB 375 (1998). Accordingly, we shall order the Respondent to promptly request that the Employer con- sider Randle’s grievance and, if the Employer does so, to process the grievance in accordance with the collective- bargaining agreement between the National Union and the Employer, including whatever settlement discussions or proposals may be consistent with the parties’ processing of the grievance. In addition, we shall order the Respondent to permit Randle to be represented by her own counsel at any griev- ance proceeding, including any arbitration that the Re- spondent authorizes or other resolution proceedings that may follow from the Respondent’s efforts on Randle’s be- half, and pay the reasonable legal fees of such counsel. Following exhaustion of any grievance processing in the prearbitration stage of the grievance procedure, the Re- spondent may exercise its discretion, consistent with its duty of fair representation, and decide in good faith 1 If the Respondent’s office and meeting places are open and acces- sible to a substantial complement of employees and members, the notice must be posted within 14 days after service by the Region. If the office and meeting places involved in these proceedings are closed or not whether to pursue the grievance to arbitration. If it is not possible to pursue the grievance based on the Employer’s unwillingness to do so, and if the General Counsel shows in compliance proceedings that a timely pursued griev- ance would have been successful in arbitration, the Re- spondent shall make Randle whole for increases in dam- ages, if any, suffered as a consequence of its failure to pro- cess her grievance in good faith as set forth in Iron Work- ers Local 377 (Alamillo Steel Corp.), supra, with interest at the rate prescribed in New Horizons, 283 NLRB 1173 (1987), compounded daily as prescribed in Kentucky River Medical Center, 356 NLRB 6 (2010). ORDER The National Labor Relations Board orders that the Re- spondent, American Postal Workers Union, Local 3067, New Iberia, Louisiana, its officers, agents, and representa- tives, shall 1. Cease and desist from (a) Breaching its duty of fair representation by failing or refusing to process a unit employee’s grievance, or by failing to respond to a unit employee’s request to file a grievance, for reasons that are arbitrary, discriminatory, or in bad faith. (b) In any like or related manner restraining or coercing employees in the exercise of the rights guaranteed them by Section 7 of the Act. 2. Take the following affirmative action necessary to effectuate the policies of the Act. (a) Promptly request the United States Postal Service (the Employer) to consider Precious Randle’s grievance and, if it agrees to do so, process the grievance with due diligence in accordance with the collective-bargaining agreement between the Employer and the Respondent. (b) Permit Precious Randle to be represented by her own counsel at any grievance proceeding, including arbi- tration or other resolution proceeding, and pay the reason- able legal fees of such counsel. (c) In the event that it is not possible for the Respondent to pursue the grievance, and if the General Counsel shows in a compliance proceeding that a timely pursued griev- ance would have been successful, make Precious Randle whole for any increases in damages suffered as a conse- quence of the Respondent’s failure to process her griev- ance in good faith, in the manner set forth in the remedy section of this decision. (d) Post at its union office and meeting places copies of the attached notice marked “Appendix.”1 Copies of the accessible by a substantial complement of employees and members due to the Coronavirus Disease 2019 (COVID-19) pandemic, the notice must be posted within 14 days after the office and meeting places reopen and are accessible by a substantial complement of employees and members. AMERICAN POSTAL WORKERS UNION, LOCAL 3067 3 notice, on forms provided by the Regional Director for Re- gion 15, after being signed by the Respondent’s author- ized representative, shall be posted by the Respondent and maintained for 60 consecutive days in conspicuous places, including all places where notices to employees and mem- bers are customarily posted. In addition to physical post- ing of paper notices, notices shall be distributed electron- ically, such as by email, posting on an intranet or an inter- net site, and/or other electronic means, if the Respondent customarily communicates with its members by such means. Reasonable steps shall be taken by the Respondent to ensure that the notices are not altered, defaced, or cov- ered by any other material. (e) Within 14 days after service by the Region, deliver to the Regional Director for Region 15 signed copies of the notice in sufficient number for posting by the Em- ployer at its New Iberia, Louisiana facility, if it is willing, at all places where notices to employees are customarily posted. (f) Within 21 days after service by the Region, file with the Regional Director for Region 15 a sworn certification of a responsible official on a form provided by the Region attesting to the steps that the Respondent has taken to com- ply. Dated, Washington, D.C. December 12, 2022 ______________________________________ Lauren McFerran, Chairman ______________________________________ Marvin E. Kaplan, Member ________________________________________ David M. Prouty, Member (SEAL) NATIONAL LABOR RELATIONS BOARD If, while closed or not accessible by a substantial complement of employ- ees and members due to the pandemic, the Respondent is communicating with employees and members by electronic means, the notice must also be posted by such electronic means within 14 days after service by the Region. If the notice to be physically posted was posted electronically more than 60 days before physical posting of the notice, the notice shall state at the bottom that “This notice is the same notice previously [sent APPENDIX NOTICE TO EMPLOYEES POSTED BY ORDER OF THE NATIONAL LABOR RELATIONS BOARD An Agency of the United States Government The National Labor Relations Board has found that we vi- olated Federal labor law and has ordered us to post and obey this notice. FEDERAL LAW GIVES YOU THE RIGHT TO Form, join, or assist a union Choose representatives to bargain with us on your behalf Act together with other employees for your bene- fit and protection Choose not to engage in any of these protected ac- tivities. WE WILL NOT breach our duty of fair representation by failing or refusing to process a unit employee’s grievance, or by failing to respond to a unit employee’s request to file a grievance, for reasons that are arbitrary, discriminatory, or in bad faith. WE WILL NOT in any like or related manner restrain or coerce you in the exercise of the rights listed above. WE WILL promptly request the United States Postal Ser- vice to consider Precious Randle’s grievance and, if it agrees to do so, process the grievance with due diligence in accordance with our collective-bargaining agreement with the Postal Service. WE WILL permit Precious Randle to be represented by her own counsel at any grievance proceeding, including arbitration or other resolution proceeding, and WE WILL pay the reasonable legal fees of such counsel. WE WILL, in the event that it is not possible for us to pursue the grievance, and if the General Counsel of the National Labor Relations Board shows in a compliance proceeding that a timely pursued grievance would have been successful, make Precious Randle whole for any in- creases in damages suffered as a consequence of our fail- ure to process her grievance in good faith, plus interest. or posted] electronically on [date].” If this Order is enforced by a judg- ment of a United States court of appeals, the words in the notice reading “Posted by Order of the National Labor Relations Board” shall read “Posted Pursuant to a Judgment of the United States Court of Appeals Enforcing an Order of the National Labor Relations Board.” DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD 4 AMERICAN POSTAL WORKERS UNION, LOCAL 3067 The Board’s decision can be found at http://www.nlrb.gov/case/15-CB-292874 or by using the QR code below. Alternatively, you can obtain a copy of the decision from the Executive Secretary, National Labor Relations Board, 1015 Half Street, S.E., Washington, D.C. 20570, or by calling (202) 273-1940.