Postal Service Found in Violation of Federal Labor Law for Constructive Discharge and Employee Threats

Greensburg, Pa.— The National Labor Relations Board (NLRB) has ruled that the United States Postal Service (USPS) violated federal labor law by constructively discharging a letter carrier, Nicolas Montross, after he invoked his contractual rights under a collective bargaining agreement. The ruling, issued November 27, orders the USPS to reinstate Montross, compensate him for lost earnings, and remove all records related to the incident from his file.

The case, originating from a May 2021 dispute at the USPS facility in Greensburg, Pennsylvania, centered on Montross’ invocation of the “12/60 Rule.” The rule, part of the collective bargaining agreement between USPS and Branch 84 of the National Association of Letter Carriers (AFL-CIO), limits full-time employees to 12 hours of work per day and 60 hours per week. Montross refused to exceed these limits, citing exhaustion and safety concerns.

During pre-disciplinary interviews (PDIs), USPS supervisors threatened Montross with termination and criminal prosecution. The NLRB found that these actions, along with implied accusations of disloyalty and an interrogation of another employee about union activity, violated Section 8(a)(1) of the National Labor Relations Act. Montross resigned shortly after the interviews, stating he feared retaliation, including potential arrest.

Postal Service Found in Violation of Federal Labor Law for Constructive Discharge and Employee Threats - The Bloomingtonian

Written from NRLB document Greensburg, Pa.— The National Labor Relations Board (NLRB) has ruled that the United States Postal Service (USPS) violated federal labor law by constructively discharging a letter carrier, Nicolas Montross, after he invoked his contractual rights under a collective bargaining agreement.