The Steward 

NATIONAL LABOR RELATIONS BOARD
Region 321301 Clay Street, Room 30ON
Oakland, CA 94612-5211
Telephone: (510) 637-3300
FAX: (510) 637-3315
March 25, 1998
Mr. Charles R. Engel
Walnut Creek, CA 94596

Re:        United Parcel Service
             Case 32-CA-15881

Dear Mr. Engel:
The above-captioned case charging violations under Section 8 of the National Labor Relations Act, as amended, has been carefully investigated and considered.

On May 29, 1997 we deferred further action on the charge's remaining allegation that United Parcel Service, herein called the Employer, discriminatorily refused to allow you access to its Oakland, California facility to perform your duties as a shop steward for Teamsters Union Local No. 78, herein called the Union, pending the outcome of grievance proceedings involving that same issue.

Thereafter, it appears that the Union and the Employer resolved the above issue, with the Employer agreeing to allow you to enter the Oakland facility to conduct Union business even though you are off work on stress leave. Despite the apparent settlement of this dispute, you have informed this office that you will not withdraw the charge in this case because (1) you say you do not know what the nature of the settlement of your grievance is; (2) the Employer is selectively questioning you why you are entering the Oakland facility; and (3) the Employer has recently denied entry to Randy Olsen, a shop steward for a different local union, who was off on disability leave. I find none of these reasons sufficient to warrant further processing of this charge. First, while you assert that you do not understand the nature of the settlement of your grievance, a March 6, 1998 letter from your Union's Secretary-Treasurer to you clearly sets forth the nature of the settlement. Second, to the extent that you believe that the Employer is not entitled to ask you why you are entering the Oakland facility and is not a. right which it has under that grievance settlement, you should bring that matter to the attention of the Union. Third, the Employer's treatment of Randy Olsen is outside the scope of this charge, which alleges only that the Employer has discriminated against you. In th