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NATIONAL LABOR RELATIONS BOARD v. UNITED STATES POSTAL SERVICENATIONAL LABOR RELATIONS BOARD, Petitioner, v. UNITED STATES POSTAL SERVICE, Respondent. No. 1. 1–1. 22. 5 Decided: October 2. APPLICATION FOR ENFORCEMENT OF AN ORDER OF THE NATIONAL LABOR RELATIONS BOARD Before Lynch, Chief Judge Boudin and Stahl, Circuit Judges.
Boardman, Counsel of Record, with whom David C. Belt, Acting Chief Counsel, and Peter J. Henry, Senior Counsel, U. S. Postal Service, were on brief for respondent. This case involves a clash between two federal entities and two different important values. USPS requires all applicants for its mail handler position to take psychological aptitude test, “Test 4.
This test has been developed by USPS's own industrial psychologists and has proven an effective way of measuring USPS applicants' job performance potential in certain job practice areas. Some 9,0. 00 applicants subsequently took Test 4. USPS's 2. 00. 7 hiring Register. Under the Privacy Act, any information contained within a federal agency's “system of records” 3 may not be disclosed by any means of communication, to any person or entity except upon “prior written consent of. The Administrative Law Judge found in favor of Local 3.
USPS to furnish the Union with the complete 2. Register. Postal Serv., Case 2. CA–1. 08. 05, 2. 00. WL 3. 28. 61. 74 (ALJ Aug. The National Labor Relations Board affirmed the judgment and a portion of the Administrative Law Judge's Order, on different grounds, but narrowed the Order, directing USPS to furnish the Union with the Register information for only the twenty- two applicants USPS actually hired. Postal Serv., 3. 56 N. L. R. B. 7. 5, 2.
Contents reflect current postal directives contained in the Employee and Labor Relations Manual (ELM), which. The enterprise Resource Management System (eRMS) is an important part of the USPS effort to and. ELM - Employee Labor & Relations Manual 19.1 POM Issue 9 - Postal Operations Manual - Updated July 17, 2008 ASM Issue 13 - Administrative Support Manual DMM - Domestic Mail Manual - Updated March 2, 2009 y-->. The National Labor Relations Board is an independent federal agency that protects the rights of private sector employees to join together, with or without a union, to improve their wages and working conditions. Read More Employee Rights. FEHB Handbook for Enrollees and Employing Offices For more information about your health benefits please Click here for the Employee and Labor Relations Manual (ELM 17.3) at USPS.com. The Employee and Labor Relations (ELR) team is committed to promoting effective, fair, and professional relationships between the university and its employee groups. The ELR team partners with University leadership and supervisors to administer employment.
WL 3. 99. 85 (Jan. USPS argued before the Administrative Law Judge and the Board that federal law permitted it to condition disclosure of employee test scores on employee consent. NLRA does not require unconditional disclosure of psychological aptitude test scores, USPS argued that it was not obligated to release employee test scores unconditionally under the routine use exception. The Board rejected this argument on the grounds that the underlying confidentiality interest raised by USPS failed. Postal Serv., 2. 01.
WL 3. 99. 85, at *7. The employees, the Board found, thus had “had no legitimate expectation that their test results would remain confidential.” Id. The Board reasoned that employees must receive an explicit promise of confidentiality in their scores from their employer to acquire an expectation of privacy. As a result, the Board did not engage in any further balancing of the interests or address whether consent was a reasonable condition of disclosure. NLRB, 3. 13 F. 3d 5. D. C. Cir. 2. 00.
Univ. NLRB, 2. 78 F. D. C. Cir. 2. 00. Providence Hosp. NLRB, 9. F. 3d 1. 01. 2, 1. Cir. 1. 99. 6) (“As to matters of law, appellate review is plenary.”). USPS does not dispute that an employer's duty to bargain collectively under section 8(a)(5) of the NLRA unquestionably includes “a duty to provide relevant information needed by a labor union for the proper performance of its duties as the employees' bargaining representative.” Detroit Edison Co., 4. U. S. This court held in NLRB v.
Newspapers, Inc., 8. F. 2d 4. 09 (1st Cir. Id. Supply Ctr., 4. F. Supp. 4. 81 (E. D. Va. 1. 97. 6), aff'd, 5. F. 2d 1. 84 (4th Cir.
Privacy Act constituted a valid defense to unconsented- to disclosure of employee records to a union requesting those records pursuant to the terms of a collective- bargaining agreement)). The Court also found that the employer's condition that the union obtain employee consent before disclosure placed a “minimal burden” upon the union, and noted that the employer's asserted interest in confidentiality on behalf of its employees was real and not merely an attempt to frustrate the union or avoid its legal obligation to bargain collectively. Postal Serv., 2. 01.
WL 3. 99. 85, at *7. The Board based this conclusion on USPS's publicly available Guide to Privacy and the Freedom of Information Act, which details USPS's obligations under that Act, as well as two Privacy Act notices contained in the materials distributed by USPS to applicants for employment: the 2. USPS mail handler position application packet and the answer form to Test 4. Postal Serv., 2. 01. WL 3. 99. 85, at *7. With no privacy interest at stake in the case, the Board found Detroit Edison inapplicable and declined to engage in the balancing analysis conducted by the Court in that case. Postal Serv., 1. 7 F.
WL 4. 77. 43, at *3 (4th Cir. A bargaining agent does not have an unfettered right to all information relevant to the performance of its duties. Postal Serv., 8. 88 F. Cir. 1. 98. 9) (noting that certain types of employee information “need not be disclosed, even though relevant” to a union, such as “psychological test results” (citing Detroit Edison, 4. U. S. Postal Serv., 3. N. L. R. B. 7. 09, 7.
F. 2d 7. 24 (3rd Cir. The test is divided into four parts. USPS removes applicants from the hiring Register once they have been hired as employees, but the original 2. Register included the information of all applicants, including the twenty- two ultimately hired by the San Juan Office. The Privacy Act defines “record” to mean any instance of, grouping or collection of information about an individual containing that individual's name, identifying number, symbol, or any other identifiable particular assigned to the individual that is maintained by a federal agency.
It is far from clear that the purpose for which these test scores were collected is inherently “compatible” with disclosure in this instance. The Board has recognized in its decisions that unions may be required to accommodate employers' restrictions on disclosure of certain categories of information, which, if disclosed, “would reveal, contrary to promises or reasonable expectations, highly person information.” U.
S. Postal Serv., 3. N. L. R. B. 7. 5, 2. WL 3. 99. 85, at *6 (Jan. Detroit Newspaper Agency, 3. N. L. R. B. 1. 07. LYNCH, Chief Judge.