Rubric Name: Unfair Labor Practice Charge Position Statement Print Criteria Level 4 Level 3 Level 2 Level 1 Criterion 25 points 15 points 10 points 5 points Score Identification of the NLRA Violation and potential risk to / 25 organization. Take a position to defend the organization. / 25 Defend the position with factual representations that includes policy. / 25 past practices, and/or case decisions from the NLRB. Well written document with demonstrated critical thinking skills / 25 Total / 100Memo of Understanding TO: Mational Laber Relations Board FROM: Mational Associate of Letter Carriers Branch 245 RE: ULP 25-CA-326188 This memo is a written account of the violations that have occurred from management against union members over the past 12 months. The Management at the post office in Rockford, IL has violated the rights of union members in the fellowing ways: 1. The respondent has implemented and enforced rules that unduly restrict the rights of our members, creating a hostile work environment that infringes upon their protected rights under the NLRA. 2. The respondent has repeatedly refused to provide necessary and relevant informiation requested by the NALC during the collective bargaining process, impeding our ability to engage in meaningful negotiations. 3. The respondent has refused to engage in good faith negotiations with the NALC demonstrating an unwillingness to work towards mutually agreeable terms and conditions to employment. 4. The respondent has refused to recognize the NALC as the exclusive bargaining representative for the employees in the bargaining unit in viclation of the NLRA. 5. The respondent has denied employees their Weingarten right by failing to allow union represzentation during investigatory interviews that could lead to disciplinary actions. 6. The respondent has engaged in coercive and intimidating guestioning of employees regarding their union activities and affiliations. 7. The respondent has disciplined employees for engaging in protect concerted activities. 8. The respondent has engaged in @ patter of conduct aimed at dominating and coercing employees, including making coercive statements that interfere with their rights under the NLRA. In January the NLRB recognized the NLRA as the union for the postal workers at the Rockford, IL location. The location manager, Fred has not permitted the union to have meeting with members and Fred has intimidated workers by threatening to reduce their hours or fire them for participating in conversations with union representatives. Fred even punched on the union representatives that came on site demanding time to discuss union members and even dared him to file a police report \"...go ahead and what the happens to you next._." Even though, we have requested member home addresses and requested meetings to negotiated, Fred has ignored the request and ewven on occasion has gave union representatives the middle finger. The one meeting we did have, Fred never showed up for it was on March 1 and the room did not have heat. [t was a negative 5 degrees and we were in this room for hours waiting for Fred to show up with he never did. He later sarcastically stated that he was sorry the heat went out at such an in opportune time. There have been 4 times this year when employees have requested Weingarter rights. Fred refused stating that this would not apply In this specific situation and in 2 of the 4 situations the employess were terminated. Those 2 employees Jack and Jill happen to be employees that were attempting to engage with us as their union representation but when we asked Fred about it he dismisses it and says that it is none of our business. Fred has been demeaning to union leadership and even makes disrespectful comments about the union leadership in front of workers and customers alike. Please Review the Following Important Information Before Filling Out a Charge Form! . Please call an Information Officer in the Regional Office nearest you for assistance in filing a charge. The Information Officer will be happy to answer your questions about the charge form or to draft the charge on your behalf. Seeking assistance from an Information Officer may help you to avoid having the processing of your charge delayed or your charge dismissed because of mistakes made in completing the form. . Please be advised that not every workplace action that you may view as unfair constitutes an unfair labor practice within the jurisdiction of the National Labor Relations Act (NLRA). Please click on the Help Desk button for more information on matters covered by the NLRA. . The section of the charge form called, "Basis of Charge," seeks only a brief description of the alleged unfair labor practice. You should NOT include a detailed recounting of the evidence in support of the charge or a list of the names and telephone numbers of witnesses. . After completing the charge form, be sure to sign and date the charge and mail or deliver the completed form to the appropriate Regional Office. . A charge should be filed with the Regional Office which has jurisdiction over the geographic area of the United States where the unfair labor practice occurred. For example, an unfair labor practice charge alleging that an employer unlawfully discharged an employee would usually be filed with the Regional Office having jurisdiction over the worksite where the employee was employed prior to his/her discharge. An Information Officer will be pleased to assist you in locating the appropriate Regional Office in which to file your charge. . The NLRB's Rules and Regulations state that it is the responsibility of the individual, employer or union filing a charge to timely and properly serve a copy of the charge on the person, employer or union against whom such charge is made. . By statute, only charges filed and served within six (6) months of the date of the event or conduct, which is the subject of that charge, will be processed by the NLRB.FORM NLRB-501 UNITED STATES OF 25-CA-326188 9.20 23 4d. Fax No. AMERICA 40. e.mall (3-21) NATIONAL LABOR RELATIONS BOARD CHARGE AGAINST EMPLOYER 5. Full name of national or international labor organization of which it is an affiliate or constituent unit (to be Med In when charge is filed by a labor organization) INSTRUCTIONS: 6. DECLARATION Tel. No. File an original with NLRB Regional Director for the region in which the alleged unfair labor I declare that I have read the above charge and that the statements are true to the practice occurred or is occurring. best of my knowledge and belief. Omoe, If any, Cell No 1. EMPLOYER AGAINST WHOM CHARGE IS BROUGHT a. Name of Employer b. Tel. No. Fax No. United States Postal Service c. Cell No. e-mall Addrim 1. Fax. No. WILLFUL FALSE STATEMENTS ON THIS CHARGE CAN BE PUNISHED BY FINE d. Address (Street, cty state, and ZIP code) Rockford, IL . Employer Representative * You AND IMPRISONMENT (U.S. CODE, TITLE 18, SECTION 1001) PRIVACY ACT 61125 3. e-mall STATEMENT Solicitation of the information on this form is authorized by the National Labor Relations Act h. Number of workers employed (NLRA), 29 U.S.C. $ 151 et seq. The principal use of the information is to assist the National Type of Establishment (factory, mine, wholesaler, etc) Identity principal product or service Postal Service Labor Relations Board (NLRB) in processing unfair labor practice and related proceedings Government Mailing or litigation. The routine uses for the information are fully set forth in the Federal Register, The above-named employer has engaged in and is engaging in unfair labor practices within the meaning of section Sja), subsections (1) and 71 Fed. Reg. 74942-43 (Dec. 13, 2006). The NLRB will further explain these uses upon re- (Ist subsections) Inclusive List below: Sal Coercive Rules, 825 refusal to furnish info of the National Labor Relations Act, and these unfair labor practices are practices affecting commerce within the meaning of the Act, or these unfair labor practices are practices affecting commerce quest. Disclosure of this information to the NLRB is voluntary; however, failure to supply the within the meaning of the Act and the Postal Reorganization Act information may cause the NLRB to decline to invoke its processes. 2. Basis of the Charge (set forth a clear and concise statement of the facts constituting the alleged unfair labor practices) 8a5 refusal to bargain, 825 Refusal to Recognize, Bal Weingarten, Bal Interrogation, 824 discipline. 823 discipline, 822 domination, Bal coercive statements. End of document Please see attached. 3. Full name of party filling charge for isbor organization, give ful name, including local name and number) National Association of Letter Carriers - Branch 245 Am. Address (Street and number, city state, and ZIP code) Rockford, IL 61125 4b. Tel. No. 40 Cell No