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Topic: Postal Veterans/ Preference Eligibles
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^*^*^Person was signed in when posted  478
01-01-2009 07:36 PM ET (US)
I feel sorry for any veteran who comes here looking for information. They won't find much.
173d  479
01-02-2009 09:57 AM ET (US)
Mr Yeast Infection, thank you. You have made my point for me, as I knew you would.

The point you made is exactly the one that you were set up for and fell for it. Sorry, but its the only way this Veteran, knows how to shut the likes of a no life, no load puss nutt like you, who wants to be a "boil" on everyones butt, by showing them just how he's consumed in is own abilities and his own importantance, to shut the f**k up.

In other words, Hey Dummy, you are raining on your own parade and too damn stupid to know it. No One Even Cares about you.

If you know what my blog address is, then, you know where I come from and you crap doesn't matter.

I just like help making someone, like you, a complete ass out themselves and then letting them know that I was successful in doing so. (NCO Academy 101 - 1965)

173d
68-70

And to the rest of you redlegs, grunts, Docs, gunners, huey drivers(Ds), can't forget the early B drives either, and even the REMFs ouy there, WELCOME HOME.
Yeast  480
01-02-2009 08:05 PM ET (US)
Are you for real? With credential like that and you let your button easily pushed?

bwaaahaaahaaa!
173d  481
01-02-2009 08:18 PM ET (US)
My button not pushed, just tired of a no load puss nut spreding his crap on all the blogs.

You must really need a real life outside of a being postal blue ass hole. Go back to your knee pads and maybe, if your good enough you can be a 204B by the end of the year.

To me its just full helping you make an ass out of youself and your knowing that I helped.

I've go plenty of time, but time would be better spent in you finding some place to leave you shit and spread you worthless shit, thus allowing us to bet back to business that effects our jobs and our lively hood.

Or do you care?
Yeast  482
01-03-2009 01:26 AM ET (US)
Your ball must be sweating profusely or else you wouldn't be wasting your time in this pissing contest,right? Ain't it worth your ball's sweat?

bwaaahaaahaaa!
disabledvet  483
01-03-2009 06:05 PM ET (US)
How about you two exchange phone numbers and have a bitch fest. Let's keep this site dedicated to Veterans issues.
173d  484
01-04-2009 10:26 PM ET (US)

Found this on Veterans' Preference in RIF situtations
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5 U.S.C. 1302

Veterans' Preference in Reduction in Force

Veterans have advantages over nonveterans in a reduction in force (RIF). Also, special provisions apply in determining whether retired military members receive preference in RIF and whether their military service is counted. This chapter deals with RIF in the competitive service; some, but not all, of the provisions apply in the excepted service.



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Eligibility for Veterans' Preference in RIF

Determinations of Veterans' preference eligibility are made in accordance with the information under Preference in Appointments in Chapter 2, except that a retired member of a uniformed service must meet an additional condition to be considered a preference eligible for RIF purposes. This condition differs depending on the rank at which the individual retired from the uniformed service. Uniformed service as defined in 5 United States Code (U.S.C.) 2101 means the Armed Forces, the commissioned corps of the Public Health Service, and the commissioned corps of the National Oceanic and Atmospheric Administration.

Retirees below the rank of major (or equivalent) get preference if:

Retirement from the uniformed service is based on disability that either resulted from injury or disease received in the line of duty as a direct result of armed conflict, or was caused by an instrumentality of war and was incurred in the line of duty during a period of war as defined in section 101(11) of title 38, U. S. C. "Period of war" includes World War II, the Korean conflict, Vietnam era, the Persian Gulf War, or the period beginning on the date of any future declaration of war by the Congress and ending on the date prescribed by Presidential proclamation or concurrent resolution of the Congress; or
The employee's retired pay from a uniformed service is not based on 20 or more years of full-time active service, regardless of when performed but not including periods of active duty for training; or
The employee has been continuously employed in a position covered by the 5 U.S.C. chapter 35 since November 30, 1964, without a break in service of more than 30 days.
Retirees at or above the rank of major (or equivalent) get preference if they are disabled veterans as defined in 5 U.S.C. 2108(2) (includes XP, CP, and CPS) and also meet one of the criteria above for a person retired below the rank of major.

A preference eligible who at age 60 becomes eligible as a reservist for retired pay under 10 U.S.C. chapter 1223 (previously chapter 67) and who retires at or above the rank of major (or equivalent) is considered a preference eligible for RIF purposes at age 60 only if he or she is a disabled veteran as defined in 5 U.S.C. 2108(2) (includes categories XP, CP, and CPS). Receipt of retired pay under chapter 1223 meets the requirement that retired pay not be based on 20 or more years of full-time active service. Eligibility for retired reservist pay occurs at age 60; up to that time a reservist is not considered a retired member of a uniformed service and, if otherwise eligible, is a preference eligible for reduction in force purposes.



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5 U.S.C. 3501, 3502; 5 Code of Federal Regulations (CFR) 351.501

RIF Retention Standing

Employees are ranked on retention registers for competitive levels (groups of similar jobs) based on four factors: tenure, Veterans' preference, length of service, and performance.

First they are placed in Tenure Group I, II, or III, depending on their type of appointment. Within each group, they are placed in a subgroup based on their veteran status:

Subgroup AD includes each preference eligible who has a compensable service-connected disability of 30 percent or more.
Subgroup A includes all other preference eligibles not in Subgroup AD, including employees with derived preference (see Chapter 2).
Subgroup B includes all employees not eligible for Veterans' preference.
Within each subgroup, employees are ranked in descending order by the length of their creditable Federal civilian and military service, augmented by additional service according to the level of their performance ratings.

When a position in a competitive level is abolished, the employee affected (released from the competitive level) is the one who stands the lowest on the retention register. Because veterans are listed ahead of nonveterans within each tenure group, they are the last to be affected by a RIF action.

Employees are not subject to a reduction in force while they are serving in the uniformed services. After return from active duty, they are protected from RIF action. If they served for more than 180 days, they may not be separated by RIF for 1 year after their return. If they served for more than 30 but less than 181 days, they may not be separated by RIF for 6 months.



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5 U.S.C. 3502; 5 CFR 351.404(a), 351.606(a), and Subpart E

Assignment Rights (Bump and Retreat)

When an employee in Tenure Group I or II with a minimally successful performance rating is released from a competitive level within the competitive area where the RIF takes place, he or she is entitled under certain circumstances to displace another employee with lower retention standing. The superior standing of preference eligibles gives then an advantage in being retained over other employees. These displacement actions apply to the competitive service although an agency may, at its discretion, adopt similar provisions for its excepted employees.

Bumping

An employee may bump in the same competitive area to a position no more than three grades (or grade intervals) lower than the position from which the employee is released that is held by an employee in a lower group or subgroup.

Retreating

An employee may retreat in the same competitive area to a position held by another employee with lower retention standing in the same tenure group and subgroup that is essentially identical to one previously held by the retreating employee and is no more than three grades (or grade intervals) lower than the position from which the employee is released.

A preference eligible with a compensable service-connected disability of 30 percent or more may retreat to a position up to five grades (or grade intervals) lower.

An employee with an unacceptable performance rating has no right to bump or retreat.

An employee with a performance rating of minimally successful may retreat only to positions held by an employee with the same or lower rating.



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Qualifications

In reviewing the qualifications of a preference eligible to determine assignment rights in a RIF, the agency must waive requirements as described under Physical Qualifications in Chapter 2. If the veteran involved has a 30 percent or more compensable disability, special procedures apply as described under Disqualification of 30 Percent or more Disabled Veterans in Chapter 2. OPM must approve the sufficiency of the agency's reasons to medically disqualify a 30 percent or more compensably disabled veteran for assignment to another position in a RIF.



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5 U.S.C. 3502, 3504; 5 CFR Part 351, Subpart G, and Part 339

Appeal of RIF Actions

An employee who has been furloughed, separated, or demoted by RIF action has the right to appeal the action to the Merit Systems Protection Board except when a negotiated procedure must be used. Assignment to a position at the employee's same grade or representative rate is not appealable. Appeals must be filed during the period beginning on the day after the effective date of the RIF action and ending 30 days after the effective date. Time limits for filing a grievance under a negotiated procedure are contained in the negotiated agreement.



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Air Force 2  485
02-05-2009 10:14 PM ET (US)
So what happens if a Vet has 4 years service time and only 5 years with the post office? Does it count as 9 years or are we under 6 years and can be RIF?
I know the deal  486
02-20-2009 12:39 PM ET (US)
If you bought your time back you will have 9 yrs If you didn't then you will only have 5 yrs so buy it back now! if you havent. It only cost 3% of you total earned salary in the military, I spent just shy of 10 and mine was only a little of $3000 so do it now
ChuckU  487
02-26-2009 03:18 PM ET (US)
So if I read this correctly, not all veterans are safe from a RIF or am I mis-reading it? thanks!
bennie jrPerson was signed in when posted  488
02-27-2009 11:15 AM ET (US)
if you are a veterans preference can they make you leave in rif work or are you the last one to leave noveterans leave first
whatever  489
03-01-2009 11:59 AM ET (US)
veterans preference is a level of protection, not an absolute. There a differnet levels, 5 point, 10 point and categories within the 10 point.

In the past the Postal Service has stated that the situation is not a Reduction In Force and so has claimed that it does not have to honor Vets Preference. Usually the USPS is sued and loses and has to re-instate (with back pay)the employee(s) covered by the lawsuit. This is not good as you are put out on the streets waiting for a paycheck while the lawsuit winds its way through the process.

As a practical matter, if you are a veteran and the postal service seems to be intending to let you go, go talk to a Veterans Service Representative about your situation. The Veterans Administration has taken on the USPS in the past over violations of Veterans Preference.

Different judges and arbitrators have also vented about how the USPS has tried to evade the application of Vets Preference by mis-stating the nature of the personnel action in order to circumvent the federal law.
D.A.V.  490
03-17-2009 10:07 PM ET (US)
  I am a Disabled Veteran I have missed work due to multiple health problems and am being written up.I have doctors notes but it doesn't seem to matter what should I do?
<><><><><><><>  491
03-18-2009 08:14 PM ET (US)
D.A.V.

(1) are the health issues service connected?

(2) did you request FMLA for the service connected disabilities?

(3) did you request FMLA for any of you non service connected disabilities?
cmhillPerson was signed in when posted  492
03-18-2009 10:11 PM ET (US)
           UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
                          ATLANTA REGIONAL OFFICE

If you are a disabled veteran who applied for a position with the United States Postal Service (USPS), your rights may be affected by a case pending before the Equal Employment Opportunity Commission (EEOC).

READ THIS NOTICE CAREFULLYWH AT IS THIS CASE ABOUT?

Clarence Hill, a disabled veteran who applied for a job with USPS in Statesboro, Georgia, claims that USPS violated the Rehabilitation Act when it asked him to bring copies of his medical records to an employment interview before being offered a job. In particular, he claims that until USPS offered him a job it was not allowed to ask for any medical records, other than the Veterans Administration certification that he was a disabled veteran entitled to preference.

On September 20, 2007, an administrative judge (AJ) for the EEOC decided that Hill’s complaint could proceed as a class action, which means that Hill’s claim will be decided together with claims of other disabled veterans who were asked to bring medical records to an interview before being offered employment. Hill has been designated as the “agent of the class” and will, together with his lawyers, represent the interests of other class members in this case. The case is captioned Clarence Hill v. John E. Potter, Postmaster General U.S. Postal Service, EEOC Case No. 110-A4-0031X; Agency Case No. 4H-310-0091-04.

The EEOC certified the class in Hill as being comprised of disabled veteran applicants nationwide, seeking disabled veterans’ preference, who, between March 19, 2004 and the present, were asked by USPS to bring medical documentation, in excess of that required to verify their entitlement to the preference, to an interview before an offer of employment was made.

You are receiving this Notice because USPS records indicate that you are a disabled veteran who applied for a position with USPS and may be eligible to participate in this case. This Notice is intended to tell you about the complaint and how your rights may be affected by this case.

There has been no determination whether USPS has done anything unlawful.

HOW DOES THIS CASE AFFECT YOU?

You are a potential member of the class if:

You are disabled within the meaning of the Rehabilitation Act;

You applied for a position with USPS and sought a disabled veterans’ preference;

Before being offering a job, USPS asked you to produce medical records, beyond that required to verify your entitlement to the veterans’ preference; and

The request for medical records was made by USPS on or after March 19, 2004.
2
If you are a potential member of the class, you do not need to do anything now to remain a part of this case.

If the AJ rules that USPS discriminated against members of the class, you will be notified and given the chance to seek any and all remedies provided by law. You do not need to do anything now to preserve your right to make a claim later.

If Hill and USPS wish to settle this case without a hearing, you will be notified and given the opportunity to review the terms of the settlement, and object or challenge the settlement.

IF YOU HAVE QUESTIONS
For additional information about this case, you may contact the Class Counsels, listed below, or you may visit http://www.hill-usps.com and contact Class Counsels through that web page, or by calling toll free ________________.
Sam G. Nicholson, Esq.
Nicholson Revell LLP
4137 Columbia Road
Augusta, GA 30907

James W. Allen, Esq.
2916 Professional Parkway
Augusta, GA 30907

Joseph M. Sellers, Esq.
Daniel Tenny, Esq.
Cohen Milstein Sellers & Toll PLLC
1100 New York Avenue, NW
Suite 500, West Tower
Washington, DC 20005

REPRISAL
Please note that the law prohibits discrimination, retaliation, threats, interference, intimidation and/or coercion against individuals who participate, testify, assist, and/or are involved in the presentation or processing of this class complaint.
sad tainted eagle  493
04-06-2009 02:32 AM ET (US)
Hey, I got a copy of the book written by the chief steward of Royal Oak at their PO shooting in 91. It is called "The Tainted Eagle" 'The Truth Behind the Tragedy'. by Charlie Withers.
Pretty bizarre. So far it starts out, that on the morning of the shootings, management was making a big deal about people keeping the noise down. On his way, with another steward to write up grievances on managers who had been making racial slurs, two individuals were sent home. One two loud, one for whistling "It's beginning to look like Christmas". Then the gunshots started going off. Management that had been investigated in Indianapolis by Congress for bad behavior had been sent to Royal Oak, and had created a bad environment. The union knew, but failed to pass this on. National even tried to get him to do nothing about the fact that management was highly aware of the threats by the employee/gunman, and their request for protection never came, yet they failed to warn employee's. National failed protocol in warning the Chief steward, that the employee who went over the edge, had lost his arbitration, so that there was no warning for employees. The harassment towards the angry employee had escalated after he had filed an EEO complaint. Skipping through the book, there are some pretty bizarre incidents of harassment, such as a mgr, knowing he was terminated, went so far to call Tom McCelvane's home, and when she got a busy signal, used an operator to interrupt his call, saying it was an emergency, and actually ordering him to report to work. Guess he didn't have call-waiting back then. Doctoring of his tape-recorder which an expert examined, destroying documents, all managers involved, and some that weren't even there all were given indefinite stress leave, while traumatized employees got nothing. Even when a shot steward's attorney sued the local union, NALC wrote letter they would not aid the local financially. Lot's of page of documents included in the book, to include Committee On Post Office and Civil Service U.S. House of Reprentatives (didn't know we had one) that managements harrassement "drove a man to kill" and lack of the USPS providing security. To me it's alot of postal terms that the public might not understand, but thought it would be a good read for employees, managers, and their "families" to see just how the USPS works and the early signs to possibly keep this type of horror from happening ever again. There seems to be a pattern, such as we all know about the remove promote the bad ones. A local Target had the book, but not sure all Targets. A link CWITHERS58@yahoo.com Bookstores Xlibris.com or by phone at 1-888-795-4274 ext. 7876, Barnesandnoble.com , Borders.com
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