X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Click here for the full text of this decision FACTS:In October 2002, the National Labor Relations Board (NLRB) found that the Postal Service-Waco had committed twelve violations of the National Labor Relations Act (NLRA), 29 U.S.C. ��158(a)(1) and 158(a)(5), by failing or refusing to furnish or timely furnish the postal workers’ union with presumptively relevant requested information. In March 2003, the Postal Service-Waco instituted new information-request procedures in an attempt to prevent future information-request violations. Evidence revealed that the postal service failed to follow these procedures. In July 2003, the union charged further violations for failing or refusing to furnish requested information. An administrative law judge (ALJ) confirmed that violations occurred, finding that over the two-month period at issue, May and June 2003, the Postal Service-Waco did not respond to four of 68 information requests. After the first series of violations in 2002, the ALJ imposed a narrow cease-and-desist order, which prohibited the Postal Service-Waco from violating the NLRA in any manner like or related to the information-request violations. This order allowed for contempt proceedings against the Postal Service-Waco if it committed further information-request violations. The second series of violations, in 2003, took place prior to the U.S. 5th Circuit Court of Appeals’ enforcement of the narrow order; that is, the narrow order was not in effect at the time the second violations occurred and contempt proceedings were not yet available. Thus, as a result of the second series of violations, the ALJ imposed a broader cease-and-desist order; this time the order prohibited the Postal Service-Waco from “[i]n any other manner interfering with, restraining, or coercing employees in the exercise of the rights guaranteed them by” �7 of the NLRA, or 29 U.S.C. �157. That section sets out all of the rights of employees and provides: “Employees shall have the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection, and shall also have the right to refrain from any or all of such activities except to the extent that such right may be affected by an agreement requiring membership in a labor organization as a condition of employment. . . .” Subsequently, the NLRB affirmed the broad cease-and-desist order over the objection of one board member. HOLDING:The court modified the NLRB order. According to the court, the U.S. Supreme Court has established a high standard to justify the use of an order by the NLRB reaching all possible violations of �7 rights. The court applied this high standard by requiring the Postal Service-Waco’s conduct to demonstrate: an attitude of opposition to the purposes of the NLRA; or a propensity to violate the NLRA in the future by refusing to enforce a broad order even where violations are extensive. NLRB, the court stated, erred in concluding that the facts on record met the standard for imposing a broad order. In this case, the court stated, the NLRB’s order extended well beyond those violations which bore a resemblance to the information request violations found and reached violations which could not be reasonably anticipated based on the Postal Service-Waco’s past conduct. Therefore, the court narrowed the scope of the NLRB’s cease-and-desist order by modifying paragraph 1(e) of the order to limit it to information-request violations, as well as similar and related violations. The court then held it would enforce the NLRB’s order as modified. OPINION:Garza, J.; Jones, C.J., Davis and Garza, J.J.

Want to continue reading?
Become a Free ALM Digital Reader.

Benefits of a Digital Membership:

  • Free access to 3 articles* every 30 days
  • Access to the entire ALM network of websites
  • Unlimited access to the ALM suite of newsletters
  • Build custom alerts on any search topic of your choosing
  • Search by a wide range of topics

*May exclude premium content
Already have an account?

 
 

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2020 ALM Media Properties, LLC. All Rights Reserved.