United States Postal Service, (2023)

Date15 August 2023
372 NLRB No. 119
NOTICE: This opinion is subject to formal revision before publication
in the bound volumes of NLRB decisions. Readers are requested
to notify the Executive Secretary, National Labor Relations Board,
Washington, D.C. 20570, of any typographical or other formal
errors so that corrections can be included in the bound volumes.
United States Postal Service and Teresa Janice Boyd.
Case 12CA–271025
August 15, 2023
On June 7, 2022, Administrative Law Judge Ira Sandron
issued the attached decision. The General Counsel filed
exceptions and a supporting brief, and the Respondent
filed an answering brief.
The National Labor Relations Board has delegated its
authority in this proceeding to a three-member panel.
The Board has considered the decision and the record in
light of the exceptions and briefs and has decided to affirm
the judge’s rulings, findings, and conclusions only to the
extent consistent with this Decision and Order.1
The complaint alleges that, sinceabout October 7, 2020,
the Respondent has failed and refused to assign and sched-
ule employee Teresa Boyd to a full-time limited duty as-
signment with 40 work hours per week and instead has
scheduled her for 1.5 hours of work, 5 days per week.2
Based on an evidentiary ruling, discussed in more detail
below, the judge limited his consideration of the evidence
related to the alleged violation to that occurring on or after
October 9, 2020. Having done so, applying Wright Line,3
the judge concluded that, since July 26, 2021, the Re-
spondent has violated Section 8(a)(3) and (1) of the Act
by not offering Boyd a full-time 8-hour per day, 40-hour
per week work schedule due to her Section 7 activity. The
judge thus ordered the Respondent to make Boyd whole
for losses of earnings and other benefits she suffered as a
result of the Respondent’s discriminatory denial of work
hours. No party excepts to the judge’s finding in this re-
gard and, in the absence of any such exceptions, we adopt
that finding for the reasons stated by the judge.
As explained below, however, the General Counsel ex-
cepts to the judge’s decision to limit his consideration of
the evidence before him and contends that the judge
should have found that the Respondent unlawfully failed
1We have amended the judge’s conclusions of law and recommended
remedy consistent with our findings herein. We shall modify the judge’s
recommended Order to conform to our findings and to the Board’s stand-
ard remedial language, and we shall substitute a new notice to conform
to the Order as modified.
2On January 25, 2022, the Regional Director for Region 12 issued an
Order amending the complaint in this proceeding. For conciseness, we
refer to the amended complaint as the complaint in this decision.
to provide a full-time work schedule to Boyd since Octo-
ber 7, 2020, as alleged in the complaintapproximately
ten months earlier than the date of the violation found by
the judge. We find merit in the General Counsel’s excep-
tions and, considering the entirety of the record evidence
here, we find that the Respondent has violated Section
8(a)(3) and (1) by failing to offer Boyd a full-time work
schedule since October 7, 2020. We thus order the Re-
spondent to remedy the violation to that date.
The facts are more fully set forth in the judge’s deci-
sion.4 As relevant here, the Respondent operates postal
facilities nationwide, including facilities in Tallahassee,
Florida. The National Association of Letter Carriers,
Branch 1172, AFLCIO (the Union) represents city letter
carriers and city carrier assistants operating out of facili-
ties in the Tallahassee, Florida area. The Respondent has
employed Teresa Boyd since August 1998, and she has
been a city letter carrier for over 18 years. Boyd has held
various positions with the Union, including serving as
president and chief shop steward since 2018. The judge
found that Boyd has filed over 200 grievances and numer-
ous unfair labor practice charges in her capacity as a Un-
ion official.
During her employment, Boyd has sustained several
work-related injuries and, at various times, has received a
limited duty job offer (also known as a “2499 modified
assignment”) to accommodate those injuries. To create a
2499 modified assignment, management relies on a duty
status report form (CA-17 form), which an injured em-
ployee can obtain from the employee’s supervisor and
have completed by a physician. The employee submits the
completed CA-17 form to the employee’s supervisor, who
provides a copy to the Respondent’s Occupational Health
Claims Office (OHCO) and the Department of Labor
(DOL). Management then conducts a search for limited
duty work within the restrictions set out by the physician
and determines what work is available. Based thereon,
management prepares a 2499 modified assignment, which
the OHCO reviews to ensure that the duties do not exceed
the medical limitations.
As detailed in the judge’s decision, in February 2015,
Boyd suffered a neck and back/lumbar sprain injury (987
claim), and, in October 2016, she sustained a broken
3251 NLRB 1083 (1980), enfd. 662 F.2d 899 (1st Cir. 1981), cert.
denied 455 U.S. 989 (1982), approved in NLRB v. Transportation Man-
agement Corp.,462 U.S. 393, 399-403 (1983).
4In this decision, we have summarized the relevant facts as found by
the judge and, based on uncontroverted record evidence, have set forth
additional facts related to matters the judge did not address.

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