American Postal Workers Union, Local 886
The case chosen is between American Postal Workers Union, Local 886 and Sheryl Bishop. The alleged violation is Section 8(b) (2), Causing Employer to Discriminate/Retaliate, 8 (b) (1) (A) Duty of Fair Representation, including Super seniority, denial of access, 8(b) (1)(A) Coercion, including Statements and Violence.
Section 8(b) (1) (A)—Restraint and Coercion of Employees. Section 8(b) (1) (A) forbids a labor organization or its agents “to restrain or coerce employees in the exercise of the rights guaranteed in section 7”. The section also provides that it is not intended to “impair the rights of a labor organization to prescribe its own rules” concerning membership in the labor organization. Section 8(b) (2)—Causing or Attempting to Cause Discrimination. Section 8(b) (2) makes it an unfair labor practice for a labor organization to cause an employer to discriminate against an employee in violation of Section 8(a) (3). As discussed earlier, Section 8(a) (3) prohibits an employer from discriminating against an employee in regards to wages, hours, and other conditions of employment for the purpose of encouraging or discouraging membership in a labor organization. It does allow, however, the making of union-security agreements under certain specified conditions.
The complaint alleges that the Respondent Union violated Section 8 (b) (1) (a) of the Act by excluding Bishop from the monetary settlement of the grievances. The reason was because she was not a member of the Union and informing employees that the Union would not file grievances on behalf of employees who were not members of the Union and violated Section 8 (b) (2) of the Act by requesting that the Postal Service exclude Bishop from the grievance settlements.
Findings and Ruling:
The NLRB found that the Union did not unlawfully exclude Bishop from the class action grievances. Sheryl Bishop...