The National Labor Relations Board affirmed dismissal of an unfair labor practice charge filed against a Branch of the National Association of Letter Carriers in a decision issued on October 16, 2018. The NLRB’s General Counsel alleged that the union arbitrarily failed to process grievances on behalf of a member who claimed that the employer required her to work more hours than her medical restrictions permitted and subsequently put her on unpaid leave. The Board found that the General Counsel failed to show that the union ever agreed to file the grievances or that the union misled her about their status. The Board also found that the General Counsel had failed to show the grievances would have been successful, and also found that the union behaved reasonably on the member’s behalf when it did process and resolve grievances over the employer’s refusal to provide her a light duty assignment. See Decision
Cohen, Weiss and Simon attorneys Joshua J. Ellison and Hiram M. Arnaud represented the union in the case.