The Steward NATIONAL LABOR RELATIONS BOARD
Region 32
1301 Clay Street, Room 300N
Oakland, CA 94612-5211
(510) 637-3272
March 16, 1998
Charles Engel
Walnut Creek, CA 94596
re: United Parcel Service
Case 32-CA-15881
Dear Mr. Engel:
I have received copies of your recent exchange
of letters with Steve Mack and, in light of the situation disclosed by
that correspondence, it appears appropriate at this time to ask you to
withdraw the charge in this case. Based on Mr. Mack's March 6, 1998 letter
to you, it appears that the underlying matter has been resolved. I recall
that during an earlier discussion we had discussed the possibility that
our office might ask you to withdraw your charge in such an eventuality,
and you indicated at that time that you wanted us to proceed with your
charge so that UPS would be required to post a notice to remedy the alleged
violation in this case. I also recall telling you that if as a practical
matter the resolution of your grievance has substantially resolved the
underlying problem and the only additional thing you wanted out of the
case was to have UPS post a notice, that would not be something that we
would likely pursue, given our limited resources and existing case law
which allows us to defer to a grievance resolution even if it does not
provide for all of the remedies the Board would normally seek. (For what
it is worth, I also think your characterization of what I told you, as
set forth in your March 2, 1998 letter to the Executive Board members of
Joint Council 7 of the Teamsters, is not entirely accurate.)
Therefore, please advise me by the close of business
Friday, March 27, 1998, whether you will withdraw the charge in this case
and, if you choose not to, the reasons why you believe it should be pursued
notwithstanding the settlement of your underlying grievance. We will make
a final decision on what to do in this case after that date. Thank you
for your cooperation in this matter.
Very truly yours,
Kenneth Ko
Supervisory Attorney
