National Labor Relations Board v. United States Postal Service

OVERVIEW

The National Labor Relations Board is applying for enforcement of its Decision and Order against the United States Postal Service. An Administrative Law Judge had concluded that the Postal Service violated Section 8(a)(1) of the National Labor Relations Act, 29 U.S.C. § 158 (a)(1), on several separate occasions involving Supervisor James Siller at the Oakland, California, Post Office. The Board reversed the ALJ, found violations of Section 8(a)(1), and ordered appropriate relief. United States Postal Service, 256 N.L.R.B. 78 (1981). We grant enforcement of the Board’s order in part and deny enforcement in part.

ANALYSIS

I. WEINGARTEN RIGHTS

James Durkin was a letter carrier at the Temescal Station in the West Grand Carrier Annex branch of the Oakland, California, U. S. Post Office. He was a member of the National Association of Letter Carriers, Local 76, the union which represented the Annex’s letter carriers. On December 8, 1978, Durkin did not finish his route and clock out until forty-two minutes after his shift was scheduled to end. Contrary to established Postal Service policy, Durkin had not secured authorization from his superior before working overtime, nor…