Recognizing the need for clarification of the procedures to
be followed in according employees their administrative rights
under Title VII, the Veterans' Preference Act, and the National
Labor Relations Act, and in order to resolve litigation in the
cases of U.S. Postal Service, 281 NLRB No. 32 (1986), U.S. Postal
Service, 281 N.L.R.B. No. 138 (1986); and U.S. Postal Service,
281 N.L.R.B. No. 139 (1986), the parties enter into the following
memorandum of understanding.
1. The parties agree that when the Postal Service meets
with an individual employee to resolve an EEO complaint (formal
or informal), or to afford an individual preference eligible
employee the right to respond to a proposed adverse action as
provided by the Veterans' Preference Act, the Postal Service is
under no obligation to invite the Union to be present or to
participate at such meetings. A Union official may be present
and participate only it that official is the employee's personal
representative.
2. The parties recognize and agree that the Postal service
and an individual employee may enter into settlement agreements
to resolve EEO complaints and proposed adverse actions against
preference eligible employees without the knowledge or consent of
the Union. However, the Postal Service shall not adjust or
attempt to adjust with the individual employee any related
grievances, except, to the extent permitted by Section 9a of the
NLRA and the National Agreement, those related grievances filed
by the employee which are still pending at step 1.
3. The parties agree that, where the Postal Service and an
individual employee have entered into a settlement agreement to
which the Onion is not a signatory, the Postal Service may assert
in the grievance procedure, or before an arbitrator, only that
the settlement agreement provides the employee with such relief
as to render an award of further remedial relief to the employee
unnecessary.
4. In light of this agreement, which renders the above-referenced
cases moot, the parties agree to petition the National
Labor Relations Board to vacate its decisions and orders in the
above referenced cases, dismiss the underlying complaints, and
withdraw any existing applications for·enforcement.
5. This memorandum constitutes full and complete resolution
or the above-referenced litigation.
6. This memorandum shall take effect upon the vacation of
the above referenced NLRB decisions and orders and the dismissal
by the Board of the underlying complaints.
Document Type: Memorandum of Understanding
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