NLRB Ruling Strikes Down Unfair USPS Policies

In a united fight for the protection of all Postal employees, the APWU, National Association of Letter Carriers (NALC) and National Postal Mail Handlers Union (NPMHU) were victorious over USPS policies in six consolidated National Labor Relations Board (NLRB) charges filed across the nation. On May 19, 2017, Administrative Law Judge (ALJ) Andrew S. Gollin of the NLRB found multiple Postal Service policies to be in violation of employees’ legal right to fair wages, hours and working conditions.

The policies in question, which restrict the ability of USPS employees to record, photograph, use copyrighted or trademark materials or speak to the media, were found to be unjust and ordered to be rescinded. The award simply stated, “ Based on the overall evidence and current Board law, I find the policies at issue would reasonably be construed by employees as chilling their protected, concerted activity, in violation of Section 8(a)(1) of the Act.”

The ALJ’s decision is in the process of final approval by the National Labor Relations Board. The Postal Service will then have the opportunity to appeal the ALJ’s decision and ask the NLRB to partially or completely overturn the ruling. Until the NLRB issues a final decision, the handbook and manual provisions in dispute should be treated as still in effect.

The ALJ determined that the following regulations were overly broad and violated the National Labor Relations Act:

· Employee and Labor Relations Manual section 667.2, which restricts the use of recording devices on postal property without the permission of management;

· Administrative Support Handbook 805 section 5-5(s), which prohibits the use of cameras, cell phones with cameras, and other personal imaging devices in all Postal Service areas without management permission;

· Administrative Support Manual section 663.4, which requires that any employee who wishes to use Postal Service trademarks or copyrighted materials must seek permission.

During the hearings, APWU Director of Industrial Relations Vance Zimmerman delivered testimony explaining that postal workers need to use photography or recording devices to protect themselves and their coworkers, and that the Postal Service’s restrictions were unjustified.

Two of the unfair labor charges were filed by an APWU Postal Support Employee out of the Austin Area Local. He recorded a pre-disciplinary meeting with his supervisor which resulted in his termination of employment.