National Labor Relations Board v. United States Postal Service — 841 F.2d 141 (1988) · United States Court of Appeals for the Sixth Circuit · 1988

United States Court of Appeals for the Sixth Circuit · 1988-03-02

29usc158: author: Astra4 · not independently reviewed

Original case on neochart.com

Case and law context

29 U.S.C. § 158(a)

Role: applied; posture: Board enforcement proceeding over requested identities of union officers seeking supervisory posts; disclosure/privacy and relevance objections resolved.; result: claimant-won; claim: (a)

Uncertainty

None recorded

Misfit

Privacy Act and loyal-representation conflict questions are companion doctrines absent from the small LAW vocabulary; they qualify this refusal-to-bargain variant rather than becoming universal extra elements.

Result is from the perspective of the General Counsel or charging party asserting the employer unfair labor practice, not from the employer-petitioner’s appellate position.

B · Case × element grid

Top-level elements follow claim order in panels of up to six elements. Case rows repeat across panels. Every recorded block retains its holding and basis; multiple blocks are not merged into a case-level verdict. ✓ satisfied · ✗ not satisfied · ○ not reached · · not addressed. Muted blocks are not counted. Sub-element evidence remains on case and element pages.

Elements 1–6 of 17

29 U.S.C. § 158(a)
CaseCovered employerCovered employee and applicable retained statusSection 7 protected rightsInterference, restraint or coercionNoncoercive expression under §8(c)Narrow insignia-restriction justification
National Labor Relations Board v. United States Postal Service — 841 F.2d 141 (1988) · United States Court of Appeals for the Sixth Circuit · 1988 (29usc158: author: Astra4 · not independently reviewed)· not addressed· not addressed· not addressed· not addressed· not addressed· not addressed

Elements 7–12 of 17

29 U.S.C. § 158(a)
CaseDomination, interference or support of a labor organizationWorking-hours conference provisoConditional building-and-construction agreement allowanceEmployment discriminationUnion-related discriminatory motivationSame action absent unlawful motive
National Labor Relations Board v. United States Postal Service — 841 F.2d 141 (1988) · United States Court of Appeals for the Sixth Circuit · 1988 (29usc158: author: Astra4 · not independently reviewed)· not addressed· not addressed· not addressed· not addressed· not addressed· not addressed

Elements 13–17 of 17

29 U.S.C. § 158(a)
CaseConditional union-security provisoFiled charges or given testimonyDischarge or other discrimination for Board participationEmployees collective-bargaining representativeAlternative breaches of applicable collective-bargaining duties
National Labor Relations Board v. United States Postal Service — 841 F.2d 141 (1988) · United States Court of Appeals for the Sixth Circuit · 1988 (29usc158: author: Astra4 · not independently reviewed)· not addressed· not addressed· not addressed· not addressed

Instances and excluded annotation blocks

Annotation blocks, including explicitly excluded context
CaseElementHolding and scopePatternExact source quotations
National Labor Relations Board v. United States Postal Service — 841 F.2d 141 (1988) · United States Court of Appeals for the Sixth Circuit · 1988 — satisfied · law (29usc158: author: Astra4 · not independently reviewed)Alternative breaches of applicable collective-bargaining dutiessatisfied
Counted merits instance
applied / merits

basis: law; claim: (a); theory: information disclosure; subject: theory=information disclosure

The duty is applied to specific relevant information; relevance and the employer’s privacy interests are balanced, not assumed from every union request.
information/refusal-to-identify-potentially-conflicted-representatives
Gene Cole, the Detroit MSC’s Postmaster, responded by letter and refused to provide the union with the information until its relevance to the collective bargaining process was explained.
Source: docroot/ir/caselaw/f2d_841.jsonl#/f2d/841/0141-01; Unicode character offsets [6651:6837] (end exclusive); SHA-256 cdb9c687b3fe037ff5d885f593b297e4e0d36e897a91fa18b5affd0d1b33cf70.

Evidence kind: fact; polarity: supports; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

Generally, an employer’s duty to bargain collectively established in § 8(a)(5) of the National Labor Relations Act , obligates it to provide a labor union with relevant information necessary for the proper performance of the union’s duties as the employees’ bargaining representative.
Source: docroot/ir/caselaw/f2d_841.jsonl#/f2d/841/0141-01; Unicode character offsets [8875:9159] (end exclusive); SHA-256 cdb9c687b3fe037ff5d885f593b297e4e0d36e897a91fa18b5affd0d1b33cf70.

Evidence kind: rule; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

Therefore, we find that the union’s interest in the disclosure of the information is relevant to its duty to provide loyal representation and is not outweighed by the Postal Service's interest.
Source: docroot/ir/caselaw/f2d_841.jsonl#/f2d/841/0141-01; Unicode character offsets [17562:17755] (end exclusive); SHA-256 cdb9c687b3fe037ff5d885f593b297e4e0d36e897a91fa18b5affd0d1b33cf70.

Evidence kind: held; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

Court interpretations recorded from this case