bfenuyi/m110
You didn’t provide enough information to make an informed opinion about your EEO complaint. You’ve probably already figured out that you have to prove that your removal for delay of mail was specifically because of your race, national origin, or gender. You can do that if you are/were able to demonstrate that other employees, who are not of your same race, national origin, or gender, who had also delayed mail, were not similarly disciplined.
I do have concerns that the union decided not to arbitrate. Have they reached a decision at any level prior to arbitration? If it appears that they are just going to drop the ball and not pursue your grievance to arbitration, you may want to consider filing an Unfair Labor Practice with the National Labor Relations Board. You can file a charge at their web site at www.nlrb.gov.

I had been employed with the Postal Services for three yrs. I was removed for delay of mail(was a mistake) this was my first offence,and I feel that the postmaster who made the choice to remove me discriamated against me because of the following reasons National Origin(nigerian),Gender(male),Race(black)we had a medeation and she refuse to come to a settlement and of course denied the allegations well now I have filled out an affidivant form with key statements from co-workers who have seen her and management discrimiate against me I am asking to be re-hired and compensated for lost wages I wanna know what are my chances of this resolving in my favor remember I have key statements from co-workers plus she was also recently just removed(postmaster) for delay of mail and the other manager was transfered to a new station does this help my chances.(help anybody)plus the union has decided not to arrbitriate my greviance on this.

ILUVMAIL, IN THE SAME BOAT PAL, YES I HAVE SEEKED COUNCIL AND THEY WILL PAY FOR ALL THE BS DONE TO MYSELF. I HAVE MORE THAN SUBSTANTIAL EVIDENCE.. WHAT CRAFT ARE YOU IN BY ANY CHANCE? HMMMMM WOULD'NT BE THE MAILHANDLER CRAFT NOW WOULD IT? OR THE CLERK CRAFT? ANYWAYS THE ANSWER FOR YOUR PROBLEM IS TO SEEK COUNCIL AND EVEN THOUGH YOU HAVE PROPER EVIDENCE THE JOURNEY WILL BE AROUND FOUR TO FIVE YEARS BEFORE EVEN STEPPING INTO COURT. DEPOSITIONS ARE DONE AND INVESTIGATIONS. WHATEVER ROAD YOU TAKE I HOPE YOU SEEK COUNCIL AND BEST OF LUCK IN ANY FUTURE INTENTIONS.

Hi Rick
Thanks for the homepage link. With regard to your question – a schedule award is a finite amount of money awarded for a job-related injury, based on a percentage of loss of a certain body part. It’s not likely that the Postal Service would invest much in a fraud investigation that could cost more than the potential loss due to fraud. It’s my experience that these video-tape intrusions are targeted towards active-duty employees, and mostly at those who have filed workers’ comp claims (though not exclusively). Not very many prosecutions are successful, but those that are become a useful deterrent for those that might try to defraud the government. I find that there are significantly more legitimate claims that are denied, than there are fraudulent claims. Unfortunately, so many employees fear the Gestapo tactics, the endless paperwork and medical documentation, and the emotional toll it takes just to get a meritorious claim accepted that they won’t file a claim, even when their claim is legitimate. But in the situation that you describe I wouldn’t be too concerned.

JR: Postal Employee Advocate /m106 - good article. I posted a link to it on PEN's homepage today (7/24/08).

I have fighting an OWCP claim now since Feb. 2006. It was vacated for errors by OWCP in June 2007 - guess what on July 11, 2008 it was vacated once more for errors by OWCP and the SECOP. This stuff never ends.

Listen - I am fully retired normally. I do not draw workers compensation but do draw a small schedule award. Is this on their 'movie making' agenda as well?

Rick - PEN

I’ve been receiving an unusually high number of contacts recently regarding photographic and video-tape “evidence” presented by the Postal Service in several administrative forums (OWCP, EEO, MSPB). The video-tape usually contains snippets of the employee’s activities, over an extended period of time, while away from work (at home, at the grocery store, etc.). Of course the intent is to show that the employee is either committing workers’ comp fraud, or that the work restrictions imposed by a physician, are not complied with during everyday life activities. The Postal Service will show these snippets (or photographs) to the employee’s doctor; to an administrative judge or a mediator; and of course to OWCP.
When presented to the employee’s doctor, it’s usually done by a Postal Inspector, with the intended purpose of intimidating the doctor. A threat of confiscation of all medical records, office files and computers due to fraud, is an effective way to extort cooperation (or at least cause the doctor to drop you as a patient). Any employee who has some type of work restriction, whether job-related or not, should advise their doctors up front that this is one of the tactics used by the Postal Service to harass employees and intentionally adversely affect the doctor-patient relationship. Doctors should be reminded that the release of any records, files, or medical evidence, absent a signed medical release from the patient, is verboten. Just like any law enforcement agency, the Postal Inspection Service must present a warrant, signed by a judge, in order to confiscate records or documents for which the patient has not signed a release. Employees should talk to their doctors specifically about whether the restrictions that s/he imposes is a “work restriction” or a “life restriction”. For example, does a 10 lb. lifting restrictions mean – don’t lift anything more than 10 lbs at work, or don’t lift more than 10 lbs ever? Does a driving restriction limiting an employee to only two hours per day mean only two hours a day while at work? What about the time it takes to drive to and from work? Is that included? What if you use up all of the two hours at work, are you allowed to drive any more than that when you are away from work? These may be simplified examples, but it’s important that employees have this communication with their doctors. It also protects the doctors when they can justify the difference between work restrictions and life restrictions.
Any offer of video-tape “evidence” (including still photos) should be challenged right away. First, how is the video or photos relevant to the issues before the judge, arbitrator or OWCP? If it’s not relevant, why is it being presented or offered as evidence? Who took the video-tape or photos, and over what period of time? How many hours of tape was made, or photos taken in order to acquire the few photos, or snippets that were edited from all of the entirety of the video or photos? Was the videographer a law enforcement official or other contract investigator? Was the photographer or videographer an expert, or otherwise adequately trained to obtain photo or video evidence? What is/are the name(s) and contact information for the photographers/videographers so that they can be cross-examined as to the “evidence” they obtained? Under whose authority, direction, or request was this type of evidence obtained? What was the stated purpose for this clandestine method of acquiring evidence?
Keep in mind that, if this “evidence” is related to an EEO complaint, you should also ask the Postal Service to articulate a legitimate non-discriminatory reason why evidence in this manner, was acquired or obtained. Does the Postal Service similarly clandestinely photograph or video-tape other employees who aren’t in the same protected group or class, when they are away from work? If so, who? When? Where? Does the Postal Service only video-tape employees who are disabled?
In my experience, the Postal Service is usually so excited and giddy to engage in a “gotcha” moment that they seldom establish the necessary FOUNDATION to submit photographs and/or video-tape as evidence. But even if their Gestapo tactics fail directly, indirectly they have already caused damage by implying that the employee has committed fraud. That’s an adverse impression that can prejudice the opinion of the judge; even the employee’s doctor. (Doctor’s don’t like being taken advantage of, and any notation to that effect in your medical records can follow you to other health care providers.)
Remember the Golden Rule of Paranoia – Just because you’re paranoid doesn’t mean that they’re not watching you.
Please disseminate this information to as many Postal Employees and unions as possible.
J.R. Pritchett
postalemployeeadvocate@juno.com

Don/m104
EEO complaints are never a “slam dunk”. In your friends’ case, even though the paperwork states that she was separated due to inability to do her job, she can make a prima facie case of discrimination by showing that, once she notified her supervisor that she was pregnant, she was subsequently terminated. She can also make the argument that “but for” her pregnancy she would not have been terminated. If the P.O. is saying that she was separated for inability to do the job, and her only restrictions were directly related to her pregnancy; that also makes a prima facie case of discrimination. It’s likely that an EEO on this matter would at least entitle her to another Casual appointment.

Edited by author 07-17-2008 03:04 PM
P E A,

The termination paperwork says she got fired for inability to do her job...not because of pregnancy...meaning if she had hurt her back and was unable to do her job...they would have fired her too. Anyway, he has already went the route of EEO and the guy seems to think it is a slam dunk...what do you think based upon what I just said.

Don/m100
Termination of one’s employment due to pregnancy is a violation of the Pregnancy Discrimination Act. You friend’s wife should contact the Postal Service’s EEO office in Tampa, Florida (888) 336-8777 and file a complaint of discrimination. Even if she is no longer a postal employee, the discrimination arose from, or flowed from her employment.

Also get a lawyer

Don have her file an immediate FMLA and file it with the agency. Now the burden of proof is on management when in fact she was hired under the rehab act of 73.

I have a friend whose wife is a casual hire in a post office. She found out she is pregnant and went to the doctor. She has been ordered to have a 25 pound weight lifting restriction. She is currently performing duties requiring lifting up to 50 pounds. In the past, they have made accommodations for other casuals....but upon receiving the restriction note, the supervisor fired her on the spot...without even consulting HR. What is his wife's recourse, if any, since she is a casual. She was 45 days away from a decision to retain her as a casual.

/m98
In order to file an EEO complaint you must show prima facie (on the face of it) evidence of discrimination. The first prong is that you identify your particular protected group or class (race, color, national origin, age, sex, religion, disability, or retaliation of protected EEO activity). The second prong is that you have to show that you suffered an adverse employment action (e.g. discipline, denial of promotion, loss of pay or any other benefits and privileges of employment, etc.). The third and final prong is – you must show that you were treated differently, or less favorably than other similarly situated employees (same craft, same facility, same supervisor, etc.). If you believe that this is happening, how do you show it? You need either direct evidence (e.g. if a supervisor said, “I would never hire a woman for that position”; or comparative evidence. That is, where you can show that other employees, not of your same protected class or group, was/were treated differently or more favorably.
What you need to keep in mind is that the EEOC does not have jurisdiction over retaliation for grievance activity, or OWCP activity, or FMLA activity, etc. The EEO Commission only has jurisdiction over reprisal from protected EEO activity. This doesn’t necessarily mean that you’re protected only when you file an EEO complaint. You’re also protected if you witness for someone else who has filed an EEO, either in writing, or by providing testimony. A Steward or grievant who has included Article 2 (Civil Rights and Non-Discrimination) in their grievance may also be protected. Even an employee who has merely stated an objection to any agency rule, policy or action they believe is discriminatory, is also considered protected EEO activity.
As far as going to court – just remember that as a federal employee you must first exhaust your administrative remedies before you can take the matter to court. If you don’t have a copy of the Final Agency Decision to show that you have exhausted those remedies, the court is likely to dismiss your case.

Hello again,
  I need info on how to go about filing an EEO against management. The move grievences I file(for just causes) the more harassment, disrespect, etc. I get. They are coming up with everything under the sun to charge me with. I am reading that I should hire a lawyer to proceed, question is ...where does one find a good one? From what I have read, chances are that I don't have in chance in hell of winning, dispite evidence. I am getting the feeling that they want to trump up to try and fire me. I have only worked my tail end off for the USPS and this is the thanks I get. I am wondering if I should hire a lawyer and take this to civil court(public) and skip the EEO process. In other words sue, sue, and sue some more for all the mental stress, etc. they are causing me. Any type of advise would be greatly appreciated.

They want to know basically when they can expect you to be gone. You say you can never know day to day how much care you will be needed to provide. Perhaps something along these lines: "Employee will be called upon to provide care intermittently, from X amount of time(least amount you might expect, say 2 hours) up to an entire day, 8 hours. Illness progresses unpredictably and requirements for daily care can only be determined as the immediate situation is assessed each day."
If you can get a statement from your doctor relating to the unpredictability of the your wife's illness, speaking to the need to assess each day as it comes, maybe talking about percentage of time she might need assistance (like 15 days out of 30 being an average, for example) or something similar.

I need some help filling out the last paragraph on page 3 of the WH-380 FMLA form. My wife is currently under a doctors care for an arthritic condition (FMS), my doctor has filled out the form and yet we are told to provide more. This is a recognized debilitating physical problem that sometimes disables her to the point of needing my help. In the future due to the new drug it may be classified as a disease, (recently a drug was approved for it's treatment) for now it is called a chronic condition , which adds to my struggle for acceptance. I have been certified for FMLA for many years now, re-certifing yearly (sometimes monthly depending on supervisor).
    Each day is different with FMS and it is impossible to accurately provide information on what will be needed. The doctor is usually insulted by the request but attempts to help in any way possible. If anybody knows what may satisfy the last paragraph on page 3 of the WH-380 FMLA form requirements for an arthritic condition.
  PLEASE HELP. THANK YOU.

Richey executive order 5396 is violated nationally you need to apply the FMLA form from your union and not the optional wh-380 form if you need assistance let me know

Can a supervisor tell you to do your route, do collections, do an hour and a half on another route and be back at a certain time? He is basically telling you to run like hell and be unsafe!! And then if you tell him he gave you too much, he considers you a whiner and ships you out to a shitty station the next day. I just want a fair day! I am sick of these supervisors trying to make themselves look good with numbers on my behalf.

Richey I have had the same thing happen to me. File a charge with dol. After that get all your senators riled up I was told that the VA is not a licensed health care provider. Yes I have it in black and white. I'm still pursuing my case as we chat.

Anybody know whether there are penalties for and emplyer violating executive order 5396? What can i do, if it happens to me?

califed the labor board is no good go call your attorney then file an eeo. Have your attorney do your eeo. It might be pricey but if you have a substantial case you will get what you deserve. Glad to help

I am new to the whole EEO process. Might be a dumb question but....getting alot of retaliation from Supervision after complaining through the union. It has gotten so bad, I want to file a higher complaint. Should I file a regular EEO or a complaint with the labor board? Thank you.

Maildude 39 dont fax anything especially your med statements. refer to the collective bargaining agreement. It will tell you that for absences 3 days or less mangement has a right to ask for documentation. Now if your a disabled vet like me, on your 3971 put executive order 5396 in the remarks section and that the fmla is on file. They cant touch you. Also cite Harrell Vs. U.S.P.S. arbitration. Good luck

Danielle they told me the same thing. The settlement hearing is just used to persuade you into thinking you will win something. Now that you are represented by council they now know that if your case has merit the agency will ask for summary of motion judgement. This means they want to expedite your claim with out going to trial. Now just sit back and let your attorney do the rest. You do have one right?

Hi All,
I recently received an agency decision placing a complaint in abeyance pending certification of a class-action regarding the National Reassessment Process (NRP). They cited the case of Sandra McConnell v. USPS, Agency EEO No. 4B-140-0062-06. This is because the Postal Service is failing to participate in the interactive process that is reasonable accommodation. Employees are being directed in their assignments rather than assignments arising from that interactive process. I’ve been arguing for years that, pursuant to 5 U.S.C. § 353.301(d), employees who have partially recovered from their compensable injury, and are able to return to limited duty. “At a minimum, this would mean treating these employees substantially the same as other handicapped individuals under the Rehabilitation Act.”
The agency letter did not provide any contact information regarding the representative who filed the class-action motion. If it is granted, then it’s likely they will have to provide that information to everyone who is potentially in that class or group. Please advise your unions of this potential class-action complaint for any employee who has been targeted by the P.O. for the NRP.

I filed and eeo against my supervisor in Aug 2006 and in March 2007 they ask for a settlement hearing but when they realized I hired an attorney they caceled the hearing why is that?

CarrierTimPA /m84 - if you have not done so you need to post your questions at our City Carrier forum and at our PTF carrier forum. Your carrier questions are certain to receive great answers there.

Edited by author 04-17-2008 11:17 PM
Ok, I am not clear on the process of the 3996 as far as a pivot.(doing extra) We just recently started to use these forms, everything used to be different and better in our office(Oh the good old days, before new pst.mstr.)
In the morning a 204B will hand me a 3996(already filled out name, estimated time and everything.Legal?) tell me to do the extra and also be back in 8 hrs. Sometimes I can do it, I'll be honest if the mail is light and I can do it, I will. Some days though, I don't know if I will make it. The 204B then tells me to fill out another 3996 if I think I may go over.(Is there need for a 2nd form?) Should he be filling out the 3996 at all or is that bargaining unit work? What about Pivots on Aux. routes, who fills out the form for that? What about collection Pivots, who fills out the form then? If you can answer these questions please do so. If you can where did you find out the info? Contract pages? Manual pages? PLEASE AND THANK YOU FOR YOUR TIME!

/m81 It was information that she accessed on the computer. I assume it is from the FMLA office. In any case it is information that she should not be able to get, especially since she is just a 204b. The union here is hopeless. I think that my better route at this point, would be to seek advice from a lawyer. Not sure if it is worth pursuing, but it does seem to be totally illegal.

/m80- so who gave her the information? The health office? (I always think about that they work for the USPS, not me!) Get your steward on this- there is a grievance (if not more) in here for improper release of information, probably including a HIPAA violation for the health office improperly releasing your personal private medical information.

Today I was talking to the 204b about my current approved FMLA case which is filed in the FMLA office. Whenever I need to supply medical information from a doctor, I always FAX it to either the FMLA office and/or Health unit.

Today I asked her to pull up my FMLA file. When she did, I discovered that it detailed all of my FMLA medical conditions. The reason that I always fax the medical information is that the supervisors are not legally entitled to any of my private, personal medical information.

I am not sure how to proceed at this point. Any suggestions?

Can you file an EEO against a fellow employee or does it always have to be against management. Thank you

eck write down everything that has happened on union time and file a unilateral action on them article 5.Immediate step 2 appeal since it's discrimination. Also contact the oig and state fraud in your case. Number is 888 usps oig. Also to get things cookin call eeo at 888 336 8777. When you get your packet state you dont mediation and go directly to claims investigation. Are you a veteran ? if so let me know on your next post.

Good luck you poor slob, the white person has no rights the blacks can do ever they want with no repercussions.
retired have seen it all.
Gary
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< replied-to message removed by QT >

I (white male) have been falsely accused of threating violence towards a co-worker (black female). I was put off the clock by my 204-b (black male) and junior MDO (black female). After they informed me of the decision to put me off the clock without asking for statement from me, they allowed me to walk about the building with a union steward. I was told they called the threat assessment team for direction. My union rep says I should be receiving a letter for an investigative interveiw and that i have a EEO case. any thoughts. what t's should i make sure I cross and I's should I dot.

To All,
As many veterans know, whenever they file an EEO Complaint regarding a matter that could also be under the jurisdiction of the Merit Systems Protection Board (constructive suspension of more than 14-days, removal or constructive removal, etc) the Postal Service has been forcing these individuals into the M.S.P.B. arena, whether they want to go there or not. Once before the Board, they find that the Postal Service is arguing that the Board doesn’t have jurisdiction (even though they forced the employee into the M.S.P.B. arena), and the employee finds they have to argue that the Board has jurisdiction (even though they didn’t want to go to the Board in the first place). If the full Board finds that they don’t have jurisdiction, the employee then has to appeal that decision to the OFO (even though the Board doesn’t usually advise employees that they have the right to appeal to OFO), asking that the case be “un-mixed”, placed under the jurisdiction of the EEOC, and remanded to the EEOC’s District Office for a hearing.
How much time has been wasted by the employee, the agency, and the Board just force the employee into a circular path to the EEOC?
Recently I was contacted by an attorney for NEEOISO who told me that he AGREED WITH ME (regarding a similar argument made recently to OFO in one of my cases). He too thought it a waste of time and resources and seemed to want to change how these circumstances have been handled (after all, the Postal Service wants to try to save money too). He asked me to provide him with the name(s), location(s), and contact information regarding any employees who are in similar circumstances.
So I am requesting that all of you put the word out that we are looking for preference eligible employees who have filed EEO complaints, but contrary to their choice of process, have been essentially forced to appeal to the M.S.P.B. Please have them contact me at –
J.R. Pritchett
postalemployeeadvocate@juno.com

Yes it pays you up to 75% of your salary. They may find you a job that is making 75% of your salary, you do lose your TSP and your retirement. I left on my own, took a state job so I have good benefits, a retiremet plan and a deffered comp plan (I have a college degree and secretarial skills) so I knew they would have no problem placing me and I would rather pick my own job. I must say it may be less money but it sure is nice to not have a supervisor breathing down my neck, etc.

   if i am not able to go back to work at post office and went to voc rehab does workers comp make up the difference in pay if i make less then what i did at po thx

I have a scheduled redress hearing. I was fired unfairly and management knows this What are some of the positive remedies that can occur? I am a te

Postal Employee Advocate /m53

   And its another 4 months before I got back to this forum to see your answer. Wonder how long before you see this?<g>
   Anyway, the issue in that case was a REDRESS hearing. Management was claiming that REDRESS isn't part of the EEO process, since it occurs before a formal complaint is actually filed. As such, they claimed that they were not required to grant official time to either the complainant or her representative to prepare for the meeting. There appear to be no regulations or rules addressing this issue.
   In a weird quirk of timing, the issue was addressed by the AJ before the companion grievance was heard at arbitration. The AJ ordered the PO to pay the complainant and representative for the time they spent off the clock preparing for the meeting. The companion grievance ended up in front of an arbitrator anyway, because management was still insisting that the AJ's ruling only applied to that case, it didn't change their general belief that REDRESS wasn't part of the process. Unfortunately, the arbitrator declared the case moot (since the grievant had already been paid) and declined to rule on the outstanding issue.
   Haven't had to deal with this same issue since then, but it still remains. Management still insists that REDRESS isn't part of EEO, and they are not required to pay official time for preparing for the meeting.

hey Jr heard of executive order 5396? That also entitles us vets to seek treatment without question. I love pissing management off.

If you are a preference eligible veteran the P.O. MUST provide you with time to attend medical appointments if they are service connected. It is NOT FMLA it is Veterans’ Preference Act; and you can’t be charged AWOL for doing so. Similarly, if you have held the same position for at least one year, and the P.O. tries to remove you, file a Merit Systems Protection Board appeal within 30-days of the effective date of the adverse action. In the M.S.P.B. you can also raise discrimination as an affirmative defense. If you would like more information please feel free to contact me directly.
J.R. Pritchett
postalemployeeadvocate@juno.com

Thanks for your help JAMO. I received a letter last week from the EEO appeals office indicating that my supervisor and Union President were wrong in not allowing me time on the clock to work on my EEO complaint.

They also informed me that my supervisor was notified of this and that I am to be given time on the clock and that doesn't mean having me do it on my 10 minute break.

I also received a letter stating that my "formal" complaint was reviewed and accepted. My hope is that things will go more smoothly from this point on.

Brandon have your pm call human shared services and instruct them that all eeo activity will be done on the clock. Tell your steward that you need time to fill out your file. If not granted file under handbooks and manuals and article 2. Initiate the step 1. Make copies of everything. Wait for an answer then step 2. you know the rest I hope.

Barret I too am a disabled vet. Ol gulf war. I am suffering the same shit here. I have recently won my EEOC hearing and the agency was construed to backpay me for two years and cease and desist the discrimination for disabled veterans and on the same lingo stop the discrimination of fellow veterans. I too have beeen in for the same amount of time. After my award I told the piece of shit that did this, what goes around comes around. Other than that lifes great. Hey what's your rating?

At the start of the Veteran’s Day weekend, the Pensacola postmaster fired me, a 10-point preferenced disabled Vet. I was fired because my disability caused me to miss a significant amount of work. My absence was medically substantiated with documentation provided by my VA physicians. As instructed, I regularly updated my sick-call request with the automated hotline. Yet the postmaster made the preposterous decision to treat my absence as AWOL. I served fifteen years in the Navy without one second AWOL, then that bastion of service known as the post office brands me AWOL, subject to, (in their words), “removal from the Postal Service”. The Pensacola postmaster has a dubious reputation in the USPS. How he figures he can get away with this and retain his job and his self-respect is beyond me. I'm now working on my EEO, and I hope to get my Congressman inquiring into the unemployed mess I find myself in, after 13 years of loyal service to the USPS, and for what? The unmitigated gall of the postmaster to fire a disabled Vet, when thousands of them are returning from Iraq, hoping to find a job with the post office. If they can treat Vets like this without any consequence, or intervention by higher management, then the historic relationship between Vets and the post office has been surreptitiously negated.

Last week I filed a formal EEO complaint. When the EEO office gave me the results of their investigation, my supervisor told them that they consulted with the Union President and he agreed with them as far as only allowing me 10 minutes of break time to work on my complaint! Management also stated that the Union President supported them on the Medical Documentation that they were seeking! I am not sure how that will now affect my complaint.

I am also going to file a complaint with the Department of Labor against the USPS for violating FMLA laws.

Keep them rollin hound, I'm doing it on thier expense as well.

would someone out there know a person by the name of TOM CAST who works for the post office in colorado or chicago or maybe elsewhere...i think he has just retired..would love to get a hold of him... send me info by email to philou67@videotron.ca....i think he worked in the repair parcel department..i am not sure..very important...

Hi William - you really don't need a password for any of PEN. I had to discontinue PEN's other forums due to spam.

To Rick Owens how do I get a password on you new server, tried following the instruction and it keeps coming back for new pass word, thank you

BRANDON YOU HAVE A CASE THAT IS LABELED DISCRIMINATION ALL OVER IT. FILE AN EEO. YOUR FMLA IS GOOD AS GOLD AND THEY CANT DO SHIT ABOUT IT. IF THEY TRY, FILE ANOTHER EEO AND THE JUDGE WILL THROW THE BOOK AT THE ASSHOLE THAT HARASSED YOU. BELIEVE ME, I BEEN THERE AN DONE THAT.

Mine went to union, to management to union agreeing with management to EEO, department of labor. Make sure you call them and let them know management is breaking FMLA. I had a FMLA for my child as well as me. Keep track of every piece of paper and every phone conversation and have them right everything down.

This past Monday I attended REDRESS mediation regarding my EEO complaint. One of the things that I had in my complaint was that I was denied official time on the clock for my EEO complaint. (I was denied time in writing on a 3996 in which the supervisor actually wrote "do on own time") The Station Manager at mediation, said that all the time that I was allowed up to this point was 10 minutes and that I could have done that on my ten minute break! Since we were not going to have a settlement on that issue, I decided not to disclose any more information regarding the remainder of my complaint.

The other two parts of my complaint other than denying me official EEO time, is compensation for not providing me my 8 hour gurantee for working my day off. I had two out of town Doctor appointments which my supervisor was aware of. I had to keep coming and going to work around the 2 appointments and actually only was able to work a toatl of 2.5 hours within the 10 hour window. Because I did not provide documentation from the doctors indicating what time I got there and what I left, they refuse to pay me my guarantee. In addition the day before I had sick leave which I was required to provide medical documentation. I told them that my leave for that day would be FMLA protected (in which I did provide FMLA documentation also providing intermitent FMLA leave) and then the next day on my day off they required the above mentioned documentation. The Union supported managments decision and would not discuss the situation privately with me: instead they teamed up with managment and refused to file a grievance. I have now filed a complaint with the NLRB.

The last part of my complaint is for compensation from managment for forcing me to work past my 9 and now 8 hour restrictions.

One other thing that I mentioned before was that management is forcing employees (myself included) to work on their day off during a holiday week or a week inclusive of annual/sick leave, even if they have 40 hour per week restrictions. If anybody has a Doctor appointment on thier day off, they are required to produce medical documentation. The biggest supporter of these provisions is the Union President.

Any suggestions on how I should proceed would be greatly appreciated.

Union Carrier/48
I know that I’m about six-months too late (I kept getting locked out every time I would enter my information and password – a system that obviously needs to be fixed because of the very low number of posts on this site). However, if you are an EEO rep and the agency fails to provide you with time on-the-clock to perform your rep duties, that can indeed be an EEO complaint based on retaliation. It’s best to put your request for EEO time in writing so you have evidence that you asked for time. The P.O. must provide you with a written response if they deny your time – which must be made a part of the record of the EEO case that you are working on. Bring it to the attention of the administrative judge as soon as one is assigned.

MD-110, Chapter 6(VII) Witnesses and Representatives in the Federal EEO Process (C) Official Time
Section 1614.605 provides that complainants are entitled to a representative of their choice during pre-complaint counseling and at all stages of the complaint process. Both the complainant and the representative, if they are employees of the agency where the complaint arose and was filed, ARE ENTITLED TO A RESONABLE AMOUNT OF OFFICIAL TIME TO PRESENT THE COMPLAINT (emphasis added) and to respond to agency requests for information, of otherwise on duty….Witnesses who are federal employees, regardless of whether they are employed by the respondent agency or some other federal agency, shall be in a duty status when their presence is authorized or required by Commission or agency officials in connection with the complaint.

1. Reasonable Amount of Official Time
“Reasonable” is defined as whatever is appropriate, under the particular circumstances of the complaint…The actual number of hours to which complainant and his/her representative are entitled will vary, depending on the nature and complexity of the complaint and considering the mission of the agency…The complainant and the agency should arrive at a mutual understanding as to the amount of official time to be used prior to the complainant’s use of such time.

5. Requesting Official Time
The agency must establish a process for deciding how much official time it will provide a complainant. Agencies further must inform complainant, their representatives, and others who may need official time, such as witnesses, of the process and how to claim or request official time.

6. Denial of Official Time.
If the agency denies a request for official time, either in whole or in part, the agency MUST (emphasis added) include a written statement in the complaint file noting the reasons for the denial. If the agency’s denial of official time is made before the complaint is filed, the agency shall provide the complainant with a written explanation for the denial, which it will include in the complaint file if the complainant subsequently files a complaint.
Any reasons for an agency’s denial of official time should be fully documented and made a part of the complaint file.

It gets more interesting when a supervisor has to explain to an administrative judge why they would not allow EEO time. Again, I apologize that this information is so late, but at least you will know it for the next time.

UNION CARRIER TRY THIS ARTICLE 17.4 B IT STATES EVERYTHING YA NEED TA KNOW ABOUT UNION TIME.

Hi
 
Cool site here Just had to post to say how much
loved the site it's cool !!!!!!!!
 
BFN

Edited by author 04-10-2007 08:12 AM
I have been on light duty for six months, and part of my light duty was in my job description. The new plant manager informed me that he no longer had any work for me because of my light duty restrictions. I have used all of my sick, and annual leave due to my condition. I now am on a no pay status. After my exasperating experience of finding out which forms I needed to keep up my health insurance payments, and thrift saving while in this non-pay status I received no help in acquiring these forms. I was like I was put out to pasture and forgotten about. gecaldwell@centurytel.net

Does anyone have any experience with filing (and winning) grievances over the denial of "Official Time" to EEO representatives? Management is claiming that it can't be grieved, only challenged through the EEO process.

a ptf with 11 months in job can be terminated for not passing the assigned scheme ? if so whats the chances of getting back to it ?

Here's a good one! The USPS Law dept. writes the Office of Federal Operations and claims they never received my appeal and request the complaint be dismissed. The appeal and supporting documentation was sent to the Area office as I was instructed to do. The Law Dept. calls and ask me to provide them with information about the appeal. I told them they would have been better served if they had asked me before requesting the complaint be dismissed. Needless to say, they will do better on obtaining that information from OFO rather than me. I truly believe this incompetence act is just another attempt by the employer to antagonize an employee who has filed a discrimination complaint. The jokes on them, this is entertainment and at their expense.

FOr terminated PTF

Your stupidvisor failed to give you due process. The 30day and 60 day evaluations should have been done, in which you and the stupidvisor discuss your performance and you sign a form acknowledging agreement of your evaluation, it was discriminatory that he did not.
Also, based on postal policy, an accident incident and reporting should have taken place, whether you did or didn't damage the vehicle and a safety or accident review board should have then determined the cause of the damaged based on any evidence and statements. You need to find out which relative or friend he hired after you.

Happy New Year to Everyone!

I have installed new forums at PEN for everyone to utilize. I respectfully request that you at least try them out. You may find our new forums here:

http://www.postalemployeenetwork.com/phpforum/index.php

Why new forums? simply because PEN does not own our current forums - they are owned by Quick Topic. This limits our ability to manage the forums - not only that, but we must pay Quick Topic for use of these forums. We own our new forums. Please give them a try. In the near future we may cease using Quick Topic forums altogether.

THANKS!
Rick Owens
Postal Employee Network

EEO is the biggest waste of time. The mediation process is a fishing expedition for management to find out what goods you have on them. I've been through it and they didn't even make an attempt to mediate. In the meantime while your formal complaint is processing, management will harass you and attempt to discipline you unjustly. They will harass you continuously by micro-managing and making special rules that only you have to follow! The agenda is to get you to quit.
When it is investigated, it is now investigated through the mail. The person who supposedly investigated my complaint lived in North Carolina. He never interviewed any witnesses, union members, or myself. He sent me a list of questions, that was it. The only people included in the investigation were myself and the two perpetrators. Big joke.
Horrible experience. Good luck.

I got a call from the EEO people today, I was told they will schedule a REDRESS session and let me know when.
I know a little about this, basically what was in the brochure. What are the chances the Post master and Supervisor will agree with the mediator? Why would they?
I was terminated 62 days into my probation period based on "unsatisfactory work performance" even though I did the job very well (according to the other carriers!) and never recieved any feedback. No 30 day eval, no 60 day eval, nothing.
The supervisor now claims I was fired because the postal vehicle was damaged while I was on my route and I failed to report it properly! I noticed some damage to the side while walking back to the LLV (it coulda been there for a year or an hour, I wasn't sure) and so I finished the last hour of my route and then went back to the office and asked him if the damage had always been there or was it new. Basicaly he now says I was fired because I moved the vehicle and didn't report the accident properly, I say there was no accident, he says I am terminated.
MSPB dismissed my complaint based on jurisdiction, I was on probation therefore not an employee and therefor not covered through MSPB. Done deal.
The EEO is the only avenue I have left. My supervisor is a different race and I believe he nevr intended on keeping me which is why he never did the 30 day and 60 day evals.
So, any hints on what to expect during REDRESS? All I want is my job back with back pay and probation period dates not changed.

Thanks-

What rights do you have, when your hours get cut in half drastically because you don't make as good as time as the other ptf's? How can one get all the hours and you get a few hours? We are also in need of rural route subs. I've asked to help in that area because I'm not getting any hours in my craft. Was told "no".Anyone with answers, please help!

Blessed angel/39
Unless you’re in a very small office clerks and carriers should not be performing jobs that crosses craft duties. Assuming that you are in a small office, you still are entitled to ‘opt’ for an assignment that is vacant for a week or more. Awarding the opt should be based on seniority, and whether you are ‘qualified’. If you believe that you were denied training opportunities that would place you in the ‘qualified’ category because of a reason prohibited by law (i.e. race, color, national origin, gender or sex, age, religion, disability, or retaliation for prior EEO activity), then you should contact the P.O.’s EEO office within 45-days of the date that you believe you were discriminated against. [There should be an EEO poster in your office that has the phone number that you’ll need to call. If not, please let me know.]
J.R. Pritchett, Employee Advocate
postalemployeeadvocate@juno.com

Edited by author 11-24-2006 03:25 PM
I would like to know if a ptf carrier my junior has the right to be given a window clerk position instead of me because he has clerk experience or because he presented a letter before I did for the clerk position. The postmaster notified him of the availability of the position and did not post the position at our office. The clerk that had the position notified me of the availability but he also told me that the junior ptf clerk had already turned in his letter for the position so he told me that I better hurry up and turn my letter in. I asked the postmaster why she had not notified me of applying for the position with a letter and she told me that I had two days to turn the letter in so I turned it in the next day. I am still a ptf carrier and the junior ptf carrier is a window clerk now but is still being paid carrier pay. Oh by the way ever since the postmaster has been there she has harrassed me, discriminated against me, shortened my hours down to 12 to 15 hours per week and I have been at this office for over eight years and tampered with my hours and also retaliated against me by tampering with my work performance but the carrier's union has not done anything to really help me. The junior ptf carrier that was awarded the clerk position gets away doing unsatisfactory work as a clerk and when he runs my route sometimes and the other ptf carrier position was posted immediately but no one has applied because of the hours. Please help me! Thank you and God bless!

Boy if it was a fraudian slip I could sure think of a lot better than you did.

!!!You accepted it orally.....and then sent it a tampon?????what choice of words, freudian slip maybe...OOOOOOOOO what you said

I may have said I acceped it orally, I sent it to Tampa for review outside of the district - thanks for trying to pay me off.

I couldn't agree more with the process being flawed. It's the official time I seek, I'm not wasting time, I'm abiding my time. I'm fourtunate to be healthy and though I'm CSRS I still have a few years to go. I wish you well with your disability efforts.

Let's see if I got this right, You the complainant start the EEO process by asking for the paperwork from the defendant, the defendant sends it to you, the defendant investigates the defendant and they tell you that you the complainant are wrong and the defendant is right, then the defendant tells you to file a "formal complaint" against the defendant asking you to send the defendant the paperwork that you fill out with all the information the defendant needs to use against you and then who is supposed win in this? I'm trying really hard not to go hysterical laughing while I type this, I have tears in my eyes that are making it hard for me to see exactly what I am typing. The EEO process is a flawed process and will not change until the process is taken away from them and handed back to the US EEOC Commission. IT is a joke on the US Postal Worker and another form of cruel and unusual punishment. An outside agency has to investigate the postal service or this will never change, Good luck to you all and have a wonderful life, as for me I've decided not to waste my time with this flawed process and get out while I still have my sanity, it just ain't worth it, life has better things for me, sayonara my friends hopefully by summer next year I will be able to retire on disability and collect for the rest of life approximately $900,000 keep my medical benefits and work a real job with real people and not have to put up with the BULLSHIT!!! Most, not all of you are wasting your time. Any Comments!

I didn't have much luck or patience with the archives but I did find the case. It is an interesting one disecting between the direct method and indirect method of establishing prima facia of discrimination. You can read it for yourself at: http://caselaw.lp.findlaw.com/data2/circs/7th/054219p.pdf

I play with the EEOC in my own complaints and have been enlightened by the material in PEN. I didn't finish college, attend law school or pass the bar exam and I know I need to stick with the grievance/arbitration procedures. I'm not going to sue myself if I loose my case but I'm not to set back and let some smart ass manager bully me around without cost to the Agency.

houndsman56... let us know what is the date on the smoking gun retaliation complaint... article. I would like to see it too. thanks

There is a link toward the bottom of the page that says, "News Is Continued: Previous Postal News and News Archive". Here is the link:
http://www.postalemployeenetwork.com/postal-news.html

That will take you to the articles from August, and there is a link at the bottom of that page for articles further back in the past. You can just scroll down through them & pick out the one you want.

I would like to retrieve the article posted on PEN several weeks ago concerning a ruling from the 7th District Circuit Court in relations to the smoking gun requirement in retaliation complaints. Can someone help me find it? I liked some of the language in it.

It is shorthand for a complaint filed under the Equal Employment Opportunity law.

Hi what is an EEO?

Got it Mailerchick, thanks!!

Mailerchick, what's your email?

Here's a good one. Hope I'm not annoying.

http://www.npmhul310.org/mspb_course/MSPB1.HTM

Edited by author 06-17-2006 01:30 AM
http://www.va.gov/

You probably already have this but just in case.

Sounds like you're in a more informed and represented position now. ;)

It just so happens that the EEO Rep. assigned to my case is also the shop steward from another station, whom I managed to see @ the local union meeting. However we were supposed to meet, but he had departed early for whatever reason.. understandable(maybe an emergency). I look forward to work w/ him once the EEO packet comes in.

Then he finds you another steward to help you. The steward does not have to be in your facility.

Thanks Mailerchick!! For some reason I'm getting the cold shoulder from my shop steward (carrier as well), but I just don't know what angle he's coming from. He appears to be "proactive" but informed me that he had a prior case that he was working on and no time for mine. So where are union dues going? I'll already made contacts for statements, and the majority of the station is willing. Thanks again!

If you need help getting union representation, use this:

http://www.nalc.org/nalc/contact/index.html

oooops, here I go again. You may need to approach your fellow carriers after they get out of work and ask them if they would write a statement. Also, If you sign up for the union, they can still help with this. If they don't, their wrong. FIND A CARRIER STEWARD!!!

Good Luck!Let me know if you need help and can't find it.

Thanks Mailerchick!! As for now, I am trying to cram as much info I can in preparation for my "re-dress" because "I am only just begun to FIGHT!!" At this point, I'm waiting for the EEO packet. Hey, I've got nothing to lose, only but to gain. I'll keep you informed of my case. Wish me luck!!

This is more:

http://www.mspb.gov/decisions/2004/henderson_se030219i1.html

sorry, this was the only way I could do this:


http://www.opm.gov/veterans/html/veoaq&a.HTM

Here's another one:

http://www.dol.gov/elaws/vets/userra/userra.asp

It's Merit System Protection Board. I will get you more info. This should start you off for now.

http://www.mspb.gov/index.html

You're supposed to get 3 job evaluations during your 90 day probation. Evaluations are supposed to be discussed between you and your supervisor and documented in writing. Contractually, the postal service can terminate you for any reason. Since you are a veteran, you may have some recourse through the Merit Service Protection Board. I will look up the link for that and post here as soon as I can.

Please Help!!

I am a Veteran just 10-days shy of completing my probation period, and was terminated because of the two-supervisors assumption UNACCEPTABLE PERFORMANCE. I feel I was wrongfully terminated and was wondering what type of action/recourse can I take to be re-instated as A PTF? Any suggestions or advise would be greatly appreciated. What sucks is, that I thought I was performing well and so were the same thoughts of the "regular" carriers in the station that know me, and my work habit