United States Postal Service  (18-CA-142795; 363 NLRB No. 16)  Minneapolis, MN, September 29, 2015.

The Board denied the General Counsel’s motion for summary judgment.  In a footnote, Member Miscimarra observed that the General Counsel alleges that Respondent’s rule regarding the “Interception of Oral or Wire Communications by Postal Employees” violates Section 8(a)(1).  Member Miscimarra noted that, as the Respondent contends in opposition to the General Counsel’s Motion for Summary Judgment, certain precedents relied upon by the General Counsel suggest that the Respondent’s rationales for adopting such a rule may be material to the disposition of the allegations in this case, and neither the record nor the rule itself provide evidence regarding any such rationales.  On this basis, Member Miscimarra denied the motion. Charge filed by an individual.  Chairman Pearce and Members Miscimarra and Hirozawa participated.