Indeed Wiz it is a grueling process. I know first hand. You know under the FOIA you can request a copy of your investigation OIG did. I already can tell you what will happen next. They will send you your complaint you filed but not their findings. This will open up a new window for you to exert your right to find why they will not produce their investigatory report. The FOIA is a very powerful tool, that is if one knows how to utilize it. Contact your congressmen or woman and explain to him/her the agency's failure to produce the investigatory file they conducted. What will happen next is the congressmen or woman will send out there letter to the agency and it will only be forwarded to the law office of USPS in which you will receive a letter stating you have options under your bargaining agreement and that you need to follow through with this channel.Ok you made your voice reach the law dept on your matters and they know you will continue I hope to get the sought after information. Follow up with a labor charge on how the agency is refusing to give the information you are entitles to under the act of the NLRA section 8. This will stir things up but you are protected as you filed this complaint.They will conduct an investigation and make sure you give the labor board the OIg address instead of your employing office. The rest of this process wil be self explanatory and the labor board should retrieve this information you so want in your possession. Whew!! If they cannot give the board the information then they will deal with charges filed on them for failure to provide information within the scope of the act violated. As far as people giving up the fight, I understand. I am just one of the thousand if that many refuse to get treated like shit! you know the saying "Cant we just get along". Wish this was true, but not in the postal service. Next time your told to do something that you feel is wrong to an employee tell the person that wants the action done to do it themselves. Let me know how far you get with that one. LOL

I did call OIG again once I saw the incindent in New Hampshire about managers deleting clock rings. They of course could not talk about another investigation and also told me that mine was somehow closed. I asked them that my case and the ones in NH are not the same thing??? Again, they said they could not talk about another investigation. As far as what they wanted me to do to another employee....I was told to tell an individual that they had to come in for overtime on their layoff day. I dont have a problem telling someone that but when I am told to tell them a half hour b4 they go home and on the day b4 their weekend...I do have a problem with that. They wanted to issue a letter of warning to this person cause they did not show up. I refused to do it. I understand the contract and the need for overtime but giving a letter is a bit extreme especially when I do not know the employee's history of this kind of action. As far as anyone hearing us, this whole company reminds so much of our Congressmen and politics in general. No one can be touched it seems unless they do something very outrageous. And those of us that do stand and fight are so few and far between that our voices will probabaly never be heard. A lot of ppl give up fighting cause it is a grueling process. And our unions at least where I am at are not effective or very competent in dealing with any of these issues. It is very time consuming as well. I fear that echo you hear will carry on a very long time.

Very well understood Wiz, I too have kids also. Then there is another tag on the internet with yours and let me tell you its all over. Anyway just seeing how your OIG thing is going if at all. I have had no luck with them at all as they are for management side and will protect them. In regards to making an employee do what was wrong, what did you have to do? It just seems this is a mandatory thing with all managers on having to do acts of stupidity on innocent employees. I as well as all my friends here wonder what training these spineless morsels undergo. Are they taught to deny everything and abuse employees verbally, mentally, sexually, what? Why is it our voices are not heard nationally. Sure we hear it on this site of daily happenings but I mean why cant we all get up and stand the fight against this. We do outnumber them you know. We should hold a march just like King did and put a stop to this ongoing madness this agency does on a daily basis to hard working employees. What say we start a national petition on getting our voice heard. Is there anyone with me. Echo, echo, did not think so. LOL

wiz28 and others if you register and remember to sign in befoe poting then your name can not be duplicated.

Let me clarify some of your questions. First and foremost, I am NOT management. I did supervise at one time as a 204B for about 2 years when I 1st started but when asked to do something I felt was wrong against an employee, I gave it up. I have been employed with the USPS for almost 20yrs as a Mailhandler and have no plans of ever going into management again. Secondly, I have only posted to this website for information. There must be someone else out there with the same name. I have fished for info b4 on some things but I only posted to websites that would give me the best feedback which just happend to be this one. I may have posted to others at one time or another, but if I did there is no way I have the time to post to a hundred lol. I have a 2 yr old son I have to take care of every evening alone so I only wish I had such time to post to that many. Those of you with kids of that age can relate. Any other questions, please ask and I will get to them as soon as I can. Thanks.

Kim, EEO starts off informal but the complainant chooses wether to go formal or not. Also, WIz are you not only affiliated with this forum but hundreds of others on the web? I see your usertag id on many sites. Would it no just be easier to post questions and answers on this forum as all the concerns you raised in other forums are covered under the highlighted fields of interest. I dont know if Wiz is management Kim, I would just like to know why would one post questions and answers on several websites when all the questions and answers Wiz posted outside of this site are all under the realm of activity you want answered in this site. I am confused? This site is a way for us to communicate, and the way I see it Wiz if it is you on other sites, are you fishing for information? I might be wrong there may be another Wiz, but I doubt the same user tag posted on these other sites. Help us out here WIz!!

eeo... is formal only. WIZ28 management

Wiz, as you should know by now the OIG is on managemants side. I have had numerous complaints filed with only a return letter from OIG ststing nothing was found. I excercised my right through FOIA and still did not get a response. All I received was the complaint itself filed with no findings. No investigative reports to show they did not find anything. We my friend are in a situation where the USPS managers think they are above the law. Everytime I file a grievance pertaining to harassment I simply attach the Bernice Fields arbitration on there. This arbitrator was known to other arbitrators that the workplace harassment will not be tolerated. In her power she removed the manager and had him apologize for all his wrong doing. It is sad that all arbitrators do not think like Bernice, butyet they find ways to promote and transfer these deadbeat managers. Good luck with the congressman as the letter he or she will send to the agency will only get forwarded to the law dept. Then you will receive a response such as follows: in light of your response on the ongoing discrimination we hope the employee can utilize the grievance procedure or EEO channels to get his or her answer.
This agency has an excuse for everything and I am shortly going on the web to exploit all abuse employees received. I am in the process of creating a web site for postal employees to use the resources I will provide. I have an extensive file cabinet with all EEOC cases sustained by employees on the wrongdoing this agency has done. I am going to share the world not only the actions done onto me but everone.

Wiz, as you should know by now the OIG is on managemants side. I have had numerous complaints filed with only a return letter from OIG ststing nothing was found. I excercised my right through FOIA and still did not get a response. All I received was the complaint itself filed with no findings. No investigative reports to show they did not find anything. We my friend are in a situation where the USPS managers think they are above the law. Everytime I file a grievance pertaining to harassment I simply attach the Bernice Fields arbitration on there. This arbitrator was known to other arbitrators that the workplace harassment will not be tolerated. In her power she removed the manager and had him apologize for all his wrong doing. It is sad that all arbitrators do not think like Bernice, butyet they find ways to promote and transfer these deadbeat managers. Good luck with the congressman as the letter he or she will send to the agency will only get forwarded to the law dept. Then you will receive a response such as follows: in light of your response on the ongoing discrimination we hope the employee can utilize the grievance procedure or EEO channels to get his or her answer.
This agency has an excuse for everything and I am shortly going on the web to exploit all abuse employees received. I am in the process of creating a web site for postal employees to use the resources I will provide. i have an extensive file cabinet with all EEOC cases sustained by employees on the wrongdoing this agency has done. I am going to share the world not only the actions done onto me but everone.

Way to wipe the sand off, get up, and kick the sand back at the Beach Bully (PM/Supervisor).
You show us true principle, and character. Keep up the fight!

Hello again folks. Wanted to update everyone on the outcome of my Redress. Besides catching the man in a bunch of lies, I was able to at least get my funds back. He could not prove to me what he was saying about the attendance process and the 3971's. I believe he thought I was not gonna call his bluff on this and when I did, he could not produce what he just got done telling me he does when a call off is in effect. And isn't it ironic that the OIG investigated the same thing in New Hampshire with TACS violations and found fraud was indeed involved. It is on www.postalnews.com for those of you that wish to view it. When I called OIG, I was told that because mine was a timekeeping issue and the violator was not gaining anything financially from this, they were unable to do anything about it. HOW IRONIC! Only difference was that the OIG was contacted by a Congressman which is my next step. I will keep everyone posted.

Sorry for any typos

We are waitinng for the Mcconnell case to come to light. I have a detailed list of all EEO cases won by USPS employees that I frequently use for reference. A good one is the Byrne case where an employee was denied to take his oxygen and while filing his complaint through the formal process of EEO, he died. In result the agency was ordered to pay his hefty attorney fees of 97,000 and ordered to pay the max of 300,000 as a result of his death and to include the manager getting heavily punished as aresult of his retaliatory practices. Rest in peace brother as your fight did not go unheard. I would like to add to advocates finding of the environmentalspecialist. This would also fall under the responsibilities of the HR manager in the district. He or she would have to alleviate the intense, as well as insane quai military environment in ones installation by enforcing there role of HR manager on management. This agency especially OIG covers for management and employees are left with only the collective bargaining agreement to fall on, in which most cases even if sent to arbitration will be not worded in the employees favor. Ridiculous as this might sound, the USPS thinks they are above the law. With so many agencies that are out there to protect workers rights, they sure have a quick resolution to there findings of no foul play when the agency in the charges filed against is the USPS. Advocate, when you say this win is for everyone, how do you or I benefit? I have been in this game too long to where the point the inspectors and OIG as well as all other agencies will not even take my complaint because the know I got them. I raise my glass and toast the ones that fightfor their rights and not let morangement trample over them. I will actually down my glass after raising it when someone in mangement will be accountable for all there actions. With this said, I know all management are not bad and all employees are not saints as well but the ones that create this useless hateful lifestyle have theirs' coming 100 time's worst. A fairs day work is a fair days pay does not even exist anymore. I pray for these managers and even wonder how their spouse could lie next to them not knowing or knowing what hate was done to employees on any given day. This goes for employees as well. EEO process is a jokek and always will be. I love the case where the eeo investigator filed against the agency and had won his eeo and was given full retirement with 190,000 for damaages. This man fough for everyone and when he raised his voice of concern the agency managers put a mock like wanted poster with this investigators face on there stating "if you see this man do not let him in". I'll raise my cup on his case as he prevailed victoriously. I am actually writing a book on my experiences with this agency and will publish it in the near future. I just keep documentingeverything. The way it just keeps going, I dont think this book will be done anytime soon.LOL Cheers Advocate

Chalk up another win for an employee based on discrimination because of her religion, race, and age. Complainant had met with her supervisor and postmaster (both named as RMO’s) as well as the agency’s Workplace Environmental Specialist to try to resolve the issues within her facility. The Workplace Environment Specialist and postmaster concluded that “the parties needed to work these things out amongst themselves in the office.” The AJ found that “essentially (they) washed their hands of the situation, and sent a clear message to Complainant that she was on her own.”
In my opinion this demonstrates the futility and cynicism of even having a Workplace Environmental Specialist. Apparently their only job function is to suppress legitimate complaints of discrimination (which, by law ADR Specialist can’t do). As a result of this complaint, the AJ ordered that the agency require the RMO’s, including the Workplace Environmental Specialist, are to be “provide(d) EEO training on Title VII and ADEA requirements, specifically including religious accommodation; race, age and religious discrimination and harassment; and the proper process to follow after receiving a complaint of discrimination and/or harassment.” What? Apparently Workplace Environmental Specialists aren’t required to have this training before they encumber a position that is supposed to resolve workplace environment problems. Just another useless $70,000 a year management position at a time when the Postal Service is in dire financial straights.
My editorial opinion aside, I just wanted to share with the skeptics that EEO complaints of discrimination can be won. So raise your glasses and offer a toast as this is a win for everyone.

Advocate, that is if the substantial evidence one has can offer a showing of carelessness and abusive use of the system created by the agency. In which most case briefing's represented by council do show the agency failing to abide by law outlined in the MD-110. Alot of times this agency will even try to have a third party to be an observer in the adr, which is not agreed to by the complainant at all. This third party this agency tries to get is merely a person interfering with the ADR by just being there. One does not have to follow ADR at all but the postal service relies on this even when the person initiating the EEO does not sign the ADR sheet or 1614 guidelines. It is sad this system is designed to lean on the agency as we all should know by now the ADR specialists, EEO investigators all work for the agency or has at one point. It is best to get council to represent you after mediation because of all the time frame's afterward. You are right to a certain extent on the redress program, but when one can have the mediator even state on paper who they work for you can utilize this to your advantage.

Just remember that anything that you may learn during REDRESS that might help your EEO case you will not be able to use later. EEO AJ's will not take any testimony related to what was learned or discussed during REDRESS.

Sorry for the mispelling as I type to fast that the computer cannot even keep up LOL

Wiz, I would not do teh ADR by yourself as the acronyms have been known to stand for "Another dead resolution". With that said, I take it you have not asked this ADR/mediator one question I always ask them Who cut's your check? He or she will respond the agency does. Next question isfact do you work for the agency being that your nuetral party? He or she will either say yes or no comment. I love the agency ct the agency mediators even willingly tell me they work for the gency. I have had written statements stating such and when the case goes to top they weigh the fact's on my side as the agency was at fault by hiring this neutral party that heavily weighed on managements side when by law it cannot be done. With all that said, I tell you from extensive experience, your EEO will and always be mistreated from day one. Take it to the top and more than likely if represented by council the agency will back down at the last moment when they know your case is good as gold.

Wiz28/m272
DO NOT allow the ADR to act as mediator. It is a violation of the principle of a fair mediation. ADR Specialists are management and are not your friend. They get promoted by promoting management’s agenda, not by proving or preventing discrimination. Their job is mostly to cover it up. Don’t get me wrong, there are one or two ADR Specialists that are honest and credible, but I can count them on one hand. Mostly they are shills for headquarters and only do what they are told. For example, when an ADR wants an extension, they insist that you have to sign a 60-day extension form. I have argued that the form can be amended so the employee can agree to say a two-week extension instead. The really STUPID ADR’s will tell you that you can’t do that because HQ said you cannot. The MD-110 is clear that you don’t even have to use any of the forms provided by the Postal Service. So of course you can amend the form. When an ADR tells you that you aren’t allowed to deviate from their forms or procedures that should raise multiple red flags. Over a year ago I wrote a draft article about REDRESS mediation. I provided a copy to an ADR Specialist that I have a lot of respect for and asked that he provide his take on how well it works – since he’s an advocate of REDRESS. To date, I’ve not received his responses. He has stated that he’s been too busy to respond, and I believe him. However, how much of an advocate can you be for a system where you cannot take time to defend its procedures? Anyone who would like a copy of the unfinished draft regarding REDRESS mediation, please e-mail me at postalemployeeadvocate@juno.com and I’ll email you a copy.

Ethics are long gone..out the door with the USPS.

Perhaps I need to clarify something not that it will make a big difference but the EEO ADR (Alternative Dispute Resolution) Specialist is the same person that wants to be the mediator. After doing some digging tonight, I have found some interesting paperwork on this. The mediators that the P.O. uses undergo rigorous training and it states that they CANNOT be an employee or former employee of the P.O. SO something is going on here that shouldn't be. This woman told me that she works for Headquarters which is even more scary. I do have an attorney but she told me that she would not be needed unless REDRESS did not work out and this had to go to the next level. I just cant believe that at this level with REDRESS being an excellent conflict resolution that this type of corruption is going on. Is there any pride in doing what is right out there anymore?

..."use the EEO counselor instead to save the Postal Service money."
Instincts are dead on. BOTH the mediator AND the EEO person would be FOR Management (may even be the same individual, you'ld be surprised). Make 'em spend whatever money, and do not think for a moment you are gonna get a fair representation in your REDRESS. You will likely find it to be as one-sided as the rest of us.

Hello all. Have a question for anyone that may have some info or an opinion on what I should do. Have a pending EEO case that is going to REDRESS. Met with EEO counselor on this procedure and went over paperwork etc. She just got back to me and the MDO that this case is against is requesting that we go without a mediator and use the EEO counselor instead to save the Postal Service money. She thinks this is a great idea but my instincts are telling me just the opposite. Anyone have any ideas on this?? I do know the mediator is an outside source and unbiased whereas the EEO counselor may be siding with them. Any info would be greatly appreciated. I need an answer by Tuesday if at all possible. Thank you!

Rob, you cant afford not having an atty. Your in the agencies system now, that is the EEO. You will find that most of the employees or if not all in the EEO process are retired managers or still working for the agency. Do not think for one minute your case is receiving the desired attention you wish it will receive. This agency will send you your ROI file and will usually compile a list of B.S item's. You need to gather fact's of your case from your shop steward. Have him/her do request's for information. You will need as much evidence as possible. When you say your SDO is telling you that she can fire you, get someone nearby to witness these remarks and have that person write you a statement. After that move onto another person that will stand nearby and so on until you are satisfied with numerous statements stating the SDO is threatening you with your job for no apparent reason. Now you have proof, as others' have witnessed these remark's. You have to be assertive, noone is going to do the leg work in your case but you. You will find how many B.S tactic's ths agency will try now that an EEO is filed.

Thanks for the advice. Manager on my ass for BS, so I went EEO. I have my job but she throws it in my face she can fire me whenever she wants. I cant afford ATT. and refuse to dig a deeper hole. I have no DIS so I will cont to fight for what I believe in.

Rob, have fun with that as you will be eaten alive. Unless of coarse you are responding within all time frames and know what you are doing. When you have a built up case with credibility you always go in with representation.

I have no rep. so Im doing this the hard way.

Rob, are you represented by council? I do not think you are. If you are then the atty is a quack and need's to brush up on the fed sector. I would write or call OFO and find out the exact status of your appeal, and ask since it has been backlogged for quite some time do I have a right to initiate further appeal rights under the 1614 guidelines as well as the federal compliance handbook which is consisted of the MD-110 and ALJ handbook. Rachel Shonfield, legislative coordinator for American Federation of Government Employees Council of EEOC Locals 216, said the EEOC is "trying to play with the numbers." She said the "pending inventory has gone up because they have fewer employees."But according to Shonfield, there's no guarantee that OFO's efficiency increasing measures are helping the end customer -- the person filing the complaint. "Use of the word 'efficiency' is just form over substance," she said. "Efficiency could possibly be detrimental to an employee's rights to discovery in a trial since [the office] might be more likely to judge the claim incorrectly up front." Here is the number for you Rob, and good luck!

Telephone No. (202) 663-7022.OFO

OFO requested my file on 6/9/09. This is on appeal. Del conf cites del 8/28/09.

Rob, move onto the next process. 70 day's late for what?

received a letter by agency citing cfr 1614.403(e). Agency is 70 days late. any advice?

Drac,you have a computer and can have access to this. If you are computer literate as I can see, you will find it within the search. Your answers are just a click away.

Edited by author 08-25-2009 06:39 PM
/m260 yep. Sure am. Best danged Rep. you could get. J.R. Pritchett of Postal Employee Advocates. Great fellow.
BTW where are these located..."the md-110 guide or the alj handbook"?
I am not sure if I have them or access to them.

Drac are you represented by council?

Drac, you are obviously in the process of where the settlement hearing was either requested by the judge or the agency. Due to the allegations you have raised, either the judge or agency is requesting this as the amount to litigate will cost the agency in the end. This is normally scheduled when the agency feels they have no leg to stand on or do not fall under prong. Check out the md-110 guide or the alj handbook. Your answers will lie within the content read. Good luck.

Just got two EEOC letters. Basically one stated my EEO claim is accepted, not thrown out without a hearing. Second, was obviously a follow-up. Said a 'Settlement Hearing' is next. I do not want to seem dumb...maybe one here has been through this before. What does this mean, is this just another ridiculous attempt to inject more time into what has hit two years now? Could it be better than that? Kinda like a 'win' without having to finish the entirety? What am I in for? Thanks in advance.

Locked, I hear you loud and clear on the write everything down part. My problem is I am running out of room to write, as I have filled over 24 notebooks up daily issues. And believe it or not your two issues times 3 will be right where I am at. Don't put your guard down until the checks in the mail. I too have handled much as it now becomes just a joke. I just file and file until we get a new rotation of high three getter's. Problem is they can't get it because of me and several other's here.Times a tickin gotta get ta work shortly to hear my brothers and sisters complaints, so I can file more.

Thanks Vet! Believe it or not, I have two cases. One will still be with the OFO since I received a FAD. I filed it with OFO a couple of days after I filed this one. That shows how the agency will try to stretch the time out until the complaniant gives up. I will post the case number here so you can see the outcome whenever it happens. (both) Coming this far gives me a sense of victory. I still go through a lot on this job, but I handle it a lot better than I use to. I just write EVERYTHING down. LOL

Locked, one more thing is start preparing now as it willbe a long and strenuous process. One thing you keep in the back of your mind is al it cost you was postage for corresponding with the agency. It cost them a fortune for your case to go this far. I cannot stress this enough tell the agency's council atty you want all your witnesses paid for their time and any necessary arrrangement's for them to attend this day. Let me know of your outcome. No detail's as we cannot reveal our situation. LOL

Locked, then you are on your way to having your day in court. I have been there many times and let me tell you several times I went alone and other times with counsel. I wish you the best and I hope ya nail them.

VET
I "am" in the later stages of this particular process. I filed all my answers and motions myself. What happened was both myself and the agency filed Motions for Summary Judgement back in June/July of last year. I did have some listed disputed facts but I still filed for Summary. The case has been stuck at the decision stage since then. The call I received was after I filed my appeal with the OFO. I am moving forward at least. I already know that the EEOC process is a joke. I have filed many EEO's before. I decided not to give in this time.

Locked I feel your pain on the union issue. As well as OIG,PI they are all representing the agency you work for. It be a different story if the managers were paid according to performance evaluations. Shit would hit the fan every day. One thing that employees do have which is good is even if your case get's denied you can appeal or file another EEO. This broken system should have caught on to that when employees lose they file another one and another which results in the agency forking out thousand to settle. This cost's them money when all you is smile and send in that 4.95 postage for EEO forms to the agency. It usually costs the agency 1200 dollars for a mediator in the informal stage and alot more for attorneys in later stages of the process.

Lockedin, I feel your frustration now is the time to gather all your evidence. Have you received a partial dismissal or an accepted claim form. You would also want to request discovery and put the burden on the agency to supply the information. Remember you can ask for 30 things as well as 30 questions. You can pull depositions on the managers, employees etc... in which you feel will substantiate your case. If all else goes the ALJ will schedule what you would call a settlement conference. Seeing that you are doing this solo, I already know the outcome. Dismissal due to lack of evidence in which claimant had not established a prong. In your appeal you write inegarding to issues susatined under prong and go into detail why you feel this issue should be raised. Remember just as the grievance process, do not I repeat do not put down your emotional feelings, just the facts. Short aqnd sweet and 100% complete is how the judge like's it. Good luck once again.

Thanks Vet! Really they have not set up the hearing or anything. I just received a call from the secretary of the Judge that she wanted to let me know that they were dismissing all the motions and setting up a hearing. I have not received anything in writing yet. (Orders) Sorry, but the union stewards where I am or of no service. (The Truth). I have been doing this on my own from the start. Thanks for the advice and I will look up the handbook. I already have the MD110. God Bless. I will let you know how well I do.

Lockedin, I can tell by the typing you need a response quick. Well here it is. Look in the admin judge handbook. Google it and download it as well as the MD_110. All of your concerns are addressed as so. Read ASAP the MD-110 and follow through, good luck.One more thing consider this, even if you lose the agency shelled out thousands to have this case go up. That is why we have a system called the appeal process. You then will file with OFO. Sit back and in the interim gather all your info through your stewards. This info is vital to substantiate your case. Then fax, e-mail, mail all your evidence to the individual handling your case. Make copies before you send it , otherwise you will get the stick.

VET
The call was from the Administrative Judges's office (to set up the hearing) not the Office of Federal Operations.

VET
Latest news! I faxed an appeal to office of federal operations. (Last Week) Received a phone call today saying that the judge wants to set up an hearing. Any advice. I am doing this myself and I don't plan on spending one red penny!!!

Another the Mconnel class action is a tough one to track down since the po does not want more people on the docket as it is now. I will let you know as soon as I track it.

Yup, got help. However, not the dude's fault I have not received ANY notices of ANY decision since December 2008 (when we refuted their idiotic request to dismiss).
The dude is gettin' on it, has picked up some steam.
I anticipate, though, I will not regret learning about the OFO place now. I left a message tonight. Will see where it leads. I am, of course interested in that class-action thing...heard anything more?

For all that are productive and still active in EEO add your name to the MCconnel case as this is a class action. Dont ask me how as I am playing phone tag with DC right now to add my name to the docket. This case will damn near bankrupt the po as it is getting monstrously bigger by the minute. Oh and another on your post on 7/23/09 @ 8:03 pm you say we are waiting for a decision, who is we. Do you have an atty? Or are you flying solo? Let me know because if you do have an atty then he/she needs to be fired for not knowing a damn thing. Look in the MD-110 manual on all your timelines and options in EEO. Hop eI could help as I have been through this too many times.

Another, your decision was dismissed probably due to the agency getting granted a summarry judgement. If you requested a oral hearing then even then your case was more than likely dismissed due to the agency getting the summary judgement. If you have not yet heard anything within the 180 days then appeal to ofo. A letter should have been sent to you in regards to your appeal rights. It will be a while to hear a response if you have already done such action. Usually the fad will be given in a timely manner to give you an opportunity to appeal such decision the agency has doen to you.

Another
The Office of Federal Operations is where you can file an appeal for an EEO case. You can get more information if you just google it. VET may be able to tell you more.

/m237 Are you talking about EEO? Who is this "Office of Federal Operations"? What do they have to do with EEO? Who are these two people (employees) you refer to, and what do they have to do with EEO? What questions do you see us "ask"-ing?

/m237 Have an EEO dating back to late 2007. Had Agency try to end case without a hearing in Dec of 2008, which (same month) was refuted with our rebuttal. We are still AWAITING the decision on the "Motion to dismiss without trial"! Cannot even get the flipping thing to court, as the 'agency' has so many loopholes that they turn to their advantage.

Just in case anyone has a case pending and you have been waiting for a decision. Call the Office of Federal Operations and ask some questions. You just ask for the Attorney for the Day or Officer for the day and he/she will help. Thanks again to VET!

Locked, when your allegations have some creditability and you actually have proof, the agency will have a hard time to prove that the discrimination or age or whatever you claim is not warranted. Remember, if your already not a steward to request all the information pertaining to your allegations. If manangement fails to adequately supply the information, file an unfair labor practice under sect 8 of the NLRB to get your case going. Last but not least in EEO it's all about those darn pesky time frames and proof. Good Luck.

VET

Thanks for the info. I was thinking that I needed a decision in my hand from either the agency or the judge. I have neither. But I will read the MD-110 and proceed. I have filed many EEO's in my postal career. I don't have the money for a lawyer.

chain no h

Your answer on the mediator part, someone is pulling your chainh. I hope you have representation for your battles otherwise you will find out all the nasty games that will be played. Remember the agency is conducting your case and investigative report all the way to the alj, then it's not there stomping grounds when you appeal. Good luck and nail them if your case is strong enough.

Locked you can appeal anytime when the timeframe is exhausted. Refer to MD-110 and you will have all your answers

I have another question to post here. Can a mediator work as both an administrative judge and a mediator in the same district but at different offices? of the EEOC

I have a case that I filed back in 2007. It has changed hands twice at the decision stage. (2 different judges) I have been waiting on a decision from the second judge since September of 2008. The first judge left and went to another job. Is it normal to wait this long for a decision? Can I file an appeal now?

           THANKYOU MR V,,,,,

Baker, you will know when you file an EEO against your agency.

/m46218 City Carrier Discussions...

yTbz7i

  what is a formal complaint and who would i file it with

HAVE FUN, Will do.

VET...find out! The guy is really a very informed and upbeat interviewer. Well worth the time to talk to...assuming you have been wronged with and/or by the USPS.

Spent who's email address is on the bottom of your post?

Baker you ned to file a formal comlaint.

Sorry for the caps.

HOW DEEP ARE YOU WHEN YOUR REQUEST FOR AN EEO PACKET NEVER SHOWS UP? THIS IS WHAT I'M GOING THROUGH. I HAVE SEVERAL CASES AT HAND NOW AND FILED ANOTHER ONE DUE TO ONGOING PROBLEMS.

Did I sign something that I do not know about that is considered a gag type order? I don't remember this and plan to go all out against the Postal Service. If I signed something when I took on employment with USPS that I am not aware of, can someone let me know?

I think what needs to happen is a lawsuit removing the 'contract' over employees to not speak out about their employ with the Postal Service. The fact is, the Contract means NOTHING now, when Managers are so freely disregarding and violating it so freely...just because they figure they can 'bank on' the abundance of union work being its demise. The fact is...with employers disregarding ethics and Contract and basic Human Rights on treatment...their should NEVER be a 'GAG ORDER' on us!
I for one am ready to send about thirteen zillion letters, e-mails, and faxes to every media outlet and independent news reporter out there.

DLubert
contact this independent film maker with your case! He will love this one! He doesn't want just "disgruntled postal employees", he wants ones that are obviously wronged ethically or otherwise, good luck!

usmaildoc@gmail.com

I have been removed because of sustaining a grievance. Management made it look like I sustained the grievance for my own benefit. I am also a disabled person and was in need of additional help at my office. A position was cut, and I was doing the work for two people. I also applied for the Postmaster postion, I was doing that work for almost one year. I am thinking about taking my story to a newspaper, because not only am I disabled, I had to have a bone marrow transplant to save my life in 1995. How do you think the Post office will look if the headliner is "Bone marrow transplant recipient axed by Post Office", they made me look like I broke the rules, and I did not!

Hi JR, have you heard anything about my USERRA case?

It is a wonder that any dr will even bother with any postal employee case. I'm sure a lot of them have dumped patients due to the amount of paper work and intmidation tactics by the PO. I think EEO is a big joke. They are in bed with management most of the time.

CATHY #207,
You cannot "join" the class in normal terms--you are generally a member of the class as defined in the complaint or not a member. At times, lawyers in a class action will add a named complaintant to an action who has an ongoing action or can add to the action somehow. However, if you are a member of the defined class, you will received notices in due course.

Could someone help me learn how to become part of the McConnell v. USPS class action? Thanks.

  I WAS OFFERED REINSTATEMENT,what is it would i keep my seniority and same rate of pay im a mh would i stay one and is it 40 hrs also can i stay at the same facility how long would it take to get back and can i transfer t out of stste office thahkj

/m204
If you are FERS, you are required to apply for Social Security Disability at the same time that you apply for FERS Disability. There is no requirement that your application for Social Security Disability be accepted before your FERS Disability is approved.

Hello all. I have a question about USPS FERS disability retirement. Now before a person applies for disability retirement to OPM, I heard they need to apply for Social Security disability.

Now is this correct, or does the individual need to apply for "SSI" which I take it means "Social Security Innuity" I am getting mixed up here, I see that there is a way to apply for Social Security Disability online, however SSI is not available online.

Now which one does a person need to apply for? Is it Social Security Disability, or SSI or whatever SSI means, I guess it means Social Security Innuity.

Appreciate any help with this matter.

Godbless all,
Maintenance.

Wiz, good luck

Again, thanks VET. I will lump them all together...it will be extensive. I am an experienced administrator, with 20+ years in Civil Law. Ill do my best.

Wiz, lump them all. When you compile cases together, you have a better shot of proving the discrimination, etc... took place. I mean hell if you compile 10 allegation's, one of them has to fly right? The board will determine what section your allegation was violated. Let them do the work. I warn you again, on the phone affidavits. Read the affidavit when you get it over and over again. They have a way of twisting word's that will catch you off guard. Oh and remember to initial every page also. When you lump all your cases, be prepared for an extensive phone affidavit. The agency will coordinate back and forth between the po and yourself. Make sure all time lines are accurate and then like the thread below, it's all about patience and how bad you want to get them.

VET...Thanks for the info...I will keep you up on what's happening. When it comes down to it, should I file for each violation of Sect/Art 8, or lump them all in one?

Wiz, with NLRB you not only need good documentation, but actual proof. Statements obtained are good. Now when you file they will take down your phone affidavit. Beware they will twist word's around and when you receive your affidavit be sure to read each and every line. If you do not agree cross out the portion and initial the part crossed out or modified. Next, be sure to initial each page, they love dropping cases for this. When you get more call's from them they will probably say your case need's credibility. They will set up a time and date where they will have a field agent meet you. After your meeting, you will receive either case sustained and they found an unfair labor practice or deny. If they deny your claim, appeal it. They will ask you if you want the long version of your denial or short. Request short. When you appeal to ecab online, you will generally wait a month or two for a response. The board will conduct a hearing and if the favor is on your side, your foot's in the door. The agency will keep you updated as to what had been done and what document's were signed off by the law department representing the agency. If your claim on your appeal was denied they will ask if you want the long version or short. Take the short, trust me. Then the regional will have to overlook each and every aspect of your claim. It's a matter of time again. Not long though. A decision will be based and then distributed amongst the agency and yourself. Hopefully your duck's are lined before you call. I dont want to use this as a scare tactic, I simply want you informed that they will do justice if you have a solid case. Hope you find this informing, as I found out it was exhausting. I went through numerous, claims and have had most of the them susutained.

Good luck on that other site and with your future.

Maintenance in aisle 9! /m194 - Once again, I appreciate your particpation here at our forum and we wish you well with your endeavors.

However, flaming posts will be deleted if I see them or they are brought to my attention. I apolgize for this, but that is the way it will be.

Rick Owens
PEN
.

you know...we are not necessarily against you...even though you seem to have taken the stand. We actually appreciate some of what you said, would appreciate Rick's clear instructions followed, and be nicer to the poor Union folks here. Man, do they ever have the battle of a lifetime going on now, with the cut-backs, clear contract violations, and the like. I appreciate the guys that post here MORE than ever, as it is their expertise that may overturn this situation. I pay my dues most proudly.

Maintenance in aisle 9! /m190 Although your posts are educational...but lengthy... I take great offense of the noted post. I am a NALC Steward and Formal A representative. By refering to me as a "maggot" or in bed with management, sickens me. Before providing a blanket definition of Union officials, you should have the courtesy of investigating every one of us, just to make sure your allegations are correct.

I work hard at my job, and harder as the Steward/Formal A Representative in my facility. I work 30 hours a week on Union work...without pay. I protect the rights of all my carriers, and defend them at all costs. As the Steward, I have a giant target on my back, and get all kinds of special attention...because I do such a good job.

Referring to me as a maggot will get you nowhere.

EEOC Case # 4b-140-0062-06 (sandra mcconnell v. usps)

EEOC Class Action Pending For Postal Employees Placed Under USPS National Reassessment Process

A class action complaint for injured on duty postal employees was certified by an EEOC Administrative Judge (AJ) on May 30,2008.

In the case of Sandra McConnell, et al. v. United States Postal Service an AJ decision certified the following class:

All permanent rehabilitation employees and limited duty employees at the U.S. Postal Service who have been subjected to the National Reassessment Process (NRP) from May 5, 2006 to present, allegedly in violation of the Rehabilitation Act of 1973.

The AJ certification decision recited evidence that the goal of NRP was to assign work to employees who had an approved compensable injury as determined by the Department of Labor. According to the decision, Phase 1 of NRP consisted largely of reviewing the files and medical records of all these employees; where needed requesting updated medical documentation from the employee; and verifying that current work actually being performed matched the current job offer. According to the decision, Phase 2 consisted largely of canvassing facilities to identify work necessary for operations and functions, attempting to match the employee with the necessary work, and if none is found, notifying the employee that no work was available.

The Postal Service filed an appeal from the certification decision, which is pending as of February 13, 2009.

Edited by author 05-01-2009 07:22 PM
The following message is another reason why the USPS denies reasonnable accommodations, so that they can continue to remove functions of the employees job, until they can ultimately force the employee into a "Dead end job" thus attempting to make the employee look more incapacitated than the employee really is at work,

so...

that they can follow them around with their inspectors and snap shots of them while they are at home, and then later say:

"Look Judge, Johnny got caught on camera mowing the yard!" (they always seem to so convieniently forget to include that it was a self-propelled lawn mower that Johnny used, and the neighborhood home owners association was about to take johnny's house if he didn't mow his yard...)

"You see Judge! Johnny is a liar! At work he says he can only sit at a desk for 8 hours cutting paper dolls!" (When it was really management who said that Johnny could only sit at the desk cutting paper dolls!) Go figure...


Message from: postal employee advocate

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

"The general government will at all times stand ready to check the usurpations of the state governments, and these will have the same disposition towards the general government. The people, by throwing themselves into either scale, will infallibly make it preponderate. If their rights are invaded by either, they can make use of the other as the instrument of redress. How wise will it be in them by cherishing the union to preserve to themselves an advantage which can never be too highly prized!

If the representatives of the people betray their constituents, there is then no resource left but in the exertion of that original right of self-defense which is paramount to all positive forms of government."


Written by one of our Founding Fathers,
Alexander Hamilton
Mandated in Federalist Papers #28




"I proceed to inquire whether the federal government or the State governments will have the advantage with regard to the predilection and support of the people.

The federal and State governments are in fact but different agents and trustees of the people, constituted with different powers, and designed for different purposes. The adversaries of the Constitution seem to have lost sight of the people altogether in their reasonings on this subject; and to have viewed these different establishments, not only as mutual rivals and enemies, but as uncontrolled by any common superior in their efforts to usurp the authorities of each other. These gentlemen must here be reminded of their error. They must be told that the ultimate authority, wherever the derivative may be found, resides in the people alone, and that it will not depend merely on the comparative ambition or address of the different governments, whether either, or which of them, will be able to enlarge its sphere of jurisdiction at the expense of the other."

"Is the aggregate power of the general government greater than ought to have been vested in it? This is the FIRST question.

It cannot have escaped those who have attended with candor to the arguments employed against the extensive powers of the government, that the authors of them have very little considered how far these powers were necessary means of attaining a necessary end. They have chosen rather to dwell on the inconveniences which must be unavoidably blended with all political advantages; and on the possible abuses which must be incident to every power or trust, of which a beneficial use can be made. This method of handling the subject cannot impose on the good sense of the people of America. It may display the subtlety of the writer; it may open a boundless field for rhetoric and declamation; it may inflame the passions of the unthinking, and may confirm the prejudices of the misthinking: but cool and candid people will at once reflect, that the purest of human blessings must have a portion of alloy in them; that the choice must always be made, if not of the lesser evil, at least of the GREATER, not the PERFECT, good; and that in every political institution, a power to advance the public happiness involves a discretion which may be misapplied and abused. They will see, therefore, that in all cases where power is to be conferred, the point first to be decided is, whether such a power be necessary to the public good; as the next will be, in case of an affirmative decision, to guard as effectually as possible against a perversion of the power to the public detriment."

Written by one of our founding Fathers,
James Madison -Father of the Bill of Rights
Mandated in Federalalist Papers #41 & #46

Postal Employee Advocate, I'd like to know how I may contact you. This case may be as big as Albrecht/ Glover.

I plan on writing a book on my account, of what happened once the below case gets certified, and judged! And they can't stop me! I have my constitutional rights to freedom of speech! And I promise I will expose these Civil Rights violators for everything that they are, and have always been, as well as the useless, uneducated f#'n morons who are running this outfit into the ground, as if it were "Tom's air conditioning shop" on the corner. This is a Federal organization, bound by Federal Laws, and protected by a Federal umbrella shielding it's idiot f#'n managers from personal litigation, and civil actions! So they all walk around fearless, doing as they please, like they are God!

 I think Dean Albrecht, or Chandler Glover should have written a book on what they experienced, the public needs to know about this sh#t once and for all! We must expose them, and this time we will do it the right way!

Dear: Postal Employee Advocate,

I noticed on May 1, 2008 you posted that you had recieved a response from the EEOC that your employees case was awaiting certification of Sandra McConnell Vs. John E. Potter. The weirdest thing is, that today on May 1, 2009 I also recieved my response from the EEOC that my case is being held awaiting the certifiaction of McCollum Vs. Potter as a class action. WHAT! Does the EEOC send the notice out on the same day (May 1) every year!? No wonder shit is moving so slow!

Anyway I was designted the agent of a class, by many employees here in the city where I live as the bringer of several complaint violations of handbook EL-307 (Reasonnable Accommodation process) forth before the EEOC, as well as USPS management failing employees (Job Restructuring) to employees with disabilities as defined under Section 504 of the Rehabilitations Act of 1973. I am also responsible for exposing the formula that the USPS is intentionally using in order to force it's Injured/ Disabled Employees from service, using the National Reassessment Act.

1. The Formula consists of mass violations of Section 504 Rehabilitations Act violations of reasonnable accommodations/ job restructuring by managers. (I have a copy with a local postmasters handwriting on it, of a course, from a training class that he was enrolled in from the University of pheonix, where he was trained in 07 on how to cut back on the workforce during hard economic times. The course involved scenarios of legally removing a pregnant female, and an employee with a Mental Disorder disability, while keeping the other healthy employees without being sued, I am saving this for the judge, as the icing on the cake... And the poetic justice about it is I aquired these documents from a Post Office that was built in 1929 during the great depression... I believe that "she" a beautiful Post Office wanted to tell on them!)(The USPS managers job is to deny the injured employees the tools they need to do the job, such as smaller mail cases, smaller lighter mops, smaller, lighter trash recepticals, days off fror needed therapy, ect.)(Also the managers are disallowing Job Restructuring, for example the guidelines under the rehabilitations Act permit that if you are a manager with 2 custodial employees, assigned to a two story building, one employee can climb stairs, one cannot because of his disability, the manager should designate the disabled employee to do the bottom floor, and the healthy employee to climb the stairs and do the top floor.) In so many words, USPS Management is telling the injured employee that he either does the top floor, or he don't work, and they have no work for he/ she...

Once the managers continue to deny the reassonnable accommodations/ job restructuring they can then keep the injured employee in pain, and force him to suffer until he/ she is in enough pain that they can no longer do the job, then comes step 2.

Step 2. The Manager comes to the employee, and tells him that he cannot provide the small reasonnable accommodations/ job restructuring, and tells the injured employee "just don't do that particuliar function of your job" and so the manager's plan goes as planned. He then keeps doing this over and over, and starts slowly removing functions of the employees job, one by one, until he can alledge that he has no work for the injured employee, and place them wherever he wants, or in a dead end job, (See also Albrecht/ Glover where they sat Dean down at a table in the center of the workroom floor cutting paper dolls while his co-workers busied about their day walking around him looking at him like he was useless.) other dead end jobs might entail answering a telephone, and/or other ways the managers attempt to make he/ she look worthless before his/ her co-workers, and then later claim that USPS no longer has work for them for their injuries, and out on the National Reassessment Act...

NLRB is new to me.....am I correct, that all I have to do to initiate, is call and talk to them? Then follow up with the paperwork?

Wiz,good luck with NLRB also. We have tried with all union's to have our unfair labor practice go unheard. Well it went unheard because NLRB found no wrong from all this three of our union's. I have to say though I have sustained several charges when filed individually. It is a long process but if have have smokin evidence, then the case will be in your favor. It took me about half a year for a case to get sustained and I am waiting also for my ecab result's. Good luck

Wiz, you are right about OIG.

Vet...Not sure what you mean. I will be calling the EEO and NLRB this week. The copies of the clock rings that management "creatively edited" are going to be part of the package. OIG is worthless.

Wiz I take it they still presumed with the eeo right?

Ever have any of your subordinate's shuffle their affidavit's around to other manager's? This is done all the time so they can rely on one another's affadavit. I see this all the time where a supervisor will have the eeo complaint on the screen in the office and while dozens of people zoom in an out all day they catch a glimpse of what the supe is working on. The supe later walk's out with a printed affadavit and hand's it to another supervisor. All the employees that have zoomed in and out of the office tell the complainant that the information os being relayed. Witness statements wil damage severley the agencies rapport due to disperse of eeo complaint's. The agency will lose due to this.

Wiz, your right on the hit or miss. Oig dismissed several of our claims when actual proof was right in the paperwork, and witness's. They cover management and that should be disallowed. Preserve the trust when management get's away with murder.This agency run's on conspiracy and distrust.

Thanks for the info Postal Employee Advocate. as a matter of fact, last year, I represented a letter carrier, when her termination grievance went to pre-arb. As her representative, I had her permission to settle if necessary. The case was a slam-dunk...but the carrier also had an active EEO. Day before the Arbitration, Labor called me and asked if we could consider reducing the termination to a 14 day susp AND a withdrawl of the EEO. This is the AREA Labor Relations Manager! I told him the offer was unacceptable, and I had no control over the individual's EEO. I countered with the termination expunged, and relieve the PM...he hung up. 20 min later, the termination was expunged.

Management is just as guilty of this practice. Not trying to ruffle feathers, but I have first hand experience in this instance.

To All,
I am posting this comment on several EEO forums because there’s a disturbing trend happening in union settlements of grievances where the employee also has an active EEO complaint. It seems that the union is being persuaded by management to enter into a global settlement agreement that includes withdrawing the employee’s EEO complaint. I cannot emphasize enough that the union has NO AUTHORITY to negotiate the withdrawal of an employee’s EEO complaint of discrimination any more than they have the authority to withdraw an employee’s OWCP claim of injury of illness. Any employee who has found themselves in this situation should continue to pursue their EEO complaint, regardless of the union’s agreement, and explain to the EEOC that the union was not their EEO representative, and that their advice was based solely from a contractual standpoint and not one from an expertise in discrimination or any EEO laws. Then the employee should also file an Unfair Labor Practice with the NLRB against the union for extending their representation outside of their authority and violating your Civil Rights by negotiating away your right to raise a claim of discrimination separate from the grievance process. In addition, if an employee raised Age discrimination in their EEO complaint, any settlement agreement must contain language that assures that the employee has been afforded the opportunity to discuss the terms of the agreement with legal counsel. Any agreement reached by the union which does not contain that language is not in compliance with EEOC requirements and cannot be enforced.
This practice by the union only engenders them to management and hurts the employee that had been discriminated against. It’s up to those of you who read this to pass the word along to other employees, and at union meetings, that the union’s exclusive right to representation is not plenary, but confined to contractual matters only.

Postal Employee Advocate /m173 Got it. Many thanks. I am working a pretty substantial Art 2 grievance at this time. My attachments should number in excess of 800. I will keep you in the loop. Thanks for your information.

Vet /m172 Calling the OIG is a hit or miss situation. If your boss is one of the "annointed" ones...nothing happens.

Wiz1369/m171
I replied to your e-mail yesterday. Sorry I’m still not up to speed on these forums. After the move from Michigan to Idaho I’m still unpacking and getting caught up on all of my cases. Haven’t had much time to spend on the Internet. Hope you were satisfied with my response.

Wiz ya need ta call the inspectors for timekeeping fraud. Internal fraud will be exposed. Enjoy!

Edited by author 04-19-2009 07:43 PM
Postal Employee Advocate I sent you an email. I would like to add, I have copies of "creatively edited" clock rings, where the PM deleted time, charged a lunch when a PS1250 is in hand stating no lunch, charging OT to annual leave, without a PS3971. All this was done, to steal overtime pay, and to keep from having to pay Penalty Overtime on Fridays.

Any info will be appreciated.

br/m166
I wrote an article on that very subject in November, 2008. E-mail me at postalemployeeadvocate@juno.com and I’ll be happy to send you a copy.

Hey mail just post it on the forum I will find it for you.

is it better to pass summary judgement and go straight to fad?

I was detailed as the OIC, and working the craft position. By refusing to remain OIC, I gave up the hours so I could go back to the craft position. I was not obligated to remain the OIC if I did not want to, according to the union, it was a detail with an expiration date. The detail was to end January 25, or thereabouts. By mid March, there was no other recourse other than to resign from the detail. Management did not like it that I made a decision on my own, that I chose to go back to being a clerk. I in no way refused the work, I refused the abuse.

Slingshot, and your point is?

Vet never got the email just check again or you ccan give me your email i can email you

rookie06011@yahoo.com

/m161
You said: "After I refused to do the work, they called it misconduct. I am now out of a job, with no pay for over a year. I need to be able to show how ridiculous they are. Any advice from anyone."

Just because you are disabled does not mean that don't have to do your job. The Law says that you must OBEY NOW AND GRIEVE LATER.

“obey and grieve” MSPB in Gragg v. U.S. Air Force.v Gerald Gragg.

In Walker v. Birmingham, 388 U. S. 307, 87 S. Ct. 1824, 18 L. Ed. 2d 1210, the Supreme Court held that "petitioners ... could not bypass orderly judicial review of the injunction to prohibit parades, etc., before disobeying it in spite of the injunction being overbroad and arguably unconstitutional." The case stands for the proposition that individuals do not have the unfettered right to disregard a law, rule or regulation merely because substantial reason exists regarding the constitutionality or validity of that law, rule or regulation. Applying the foregoing to the present case, appellant was obliged to obey the agency's order while taking whatever necessary steps he thought appropriate to challenge the ultimate validity of the order and policy. To find otherwise would have the effect of undermining the statutory scheme established to preserve employee rights without unreasonably preventing agencies from carrying out their missions. It should be noted that in certain limited circumstances employees may disobey an order which would place them in a clearly dangerous situation. However, appellant presented no claim other than the allegation of an unfair labor practice that would show that he had more than a cosmetic interest in maintaining his beard. We must assume therefore, that only a de minimus harm would have befallen appellant had he shaved pursuant to the order and then appealed the alleged unfair labor practice to an appropriate forum. The agency established a rational basis for the change in working conditions, that is, to insure greater safety for employees working in an enclosed area. We, therefore, find that appellant was unjustified in disobeying the agency's order to be clean shaven on five consecutive working days, from April 30,
1980 through May 5, 1980.

How can this agency get away with removing someone like myself who has a disability? I have been so abused! I would like to be able to find someone who can help me to get justice. I am disabled because of having a bone marrow transplant and I requested additional help at my office. Management threw me into a position that required two people. After I refused to do the work, they called it misconduct. I am now out of a job, with no pay for over a year. I need to be able to show how ridiculous they are. Any advice from anyone.

Rookie, just emailed ya.

Edited by author 03-24-2009 11:43 AM
vet please email me at rookie06011@yahoo.com I will then sent you the appeal number

thanks

Also Mail if you want give me the appeal # and I will be glad to help you out.

Mail, what I usually do is type the appeal number in the search bar, and if all is well and depending on who you utilize for your searches, your answer will lie within the pages.

vet /m155 how can i look it up by the appeal number

YES YOU CAN

can you look up a EEOC case by and appeal number?

Postalvet here are some case numbers for your enlightment.


04-3/29/04 Steve Fabish:


               Agency no# 4F-913-0091-99
                                -0019-00
                                -0029-99
                                -0083-01
                                -0020-02

This person had multiple cases and the decisions were found on

http://www.eeoc.gov/federal/decisions.html. Type in just Fabish. Good reading!

Postalvet, is it Steve Fabish? I have the case found.

From what I've experienced, they are letting clerks and carriers transfer among their own District, but not outside their District. By letting our employes bid within the District, there will always be a residual position for excessed employees. It doesn't matter if the opening is in one town or another, just as long as there is one to have an employee transferred into. Otherwise, yes there is a freeze going from District to District. You may be able make a mutual transfer with someone that want to be where you're at.

   does anyone know if tey are still taking transfers or is there still a hiring freeze thanks

Edited by author 02-25-2009 07:42 PM
I know you were trying to help, when I post a question like this I have run out of options. And all I am trying to do is some leg work for someone else.

Well.... PostalVet I was trying to help. Only other thing I could think of is going to the library and accessing LexusNexus to look it up.

been there done that! you think?

PostalVet..... Here is a link that might be useful to you

http://www.eeoc.gov/federal/decisions.html

It has EEOC's decisions in these appeals from July, 2000 through May, 2008. I do not know if it has the one you are looking for... But do a search for Fabish

Can anyone help on this I have tried searching the internet with no luck.

I need information on the following case.

EEOC 480-2006-00-455X, agency number 4F-920-0091-06

Fabish v USPS

PEA, You have alot of great advice on EEO's. I've been engaged in the EEO Process since 1990. It's my experience that there is no one out there that wants to represent employees in the EEO Process. It takes alot of time and commitment and rarely does an employee "win." The Postal Service (according to the No Fear Act) wins 95% of their cases. Why? The bar is set too high. Management knows all the tricks and has wrote the book. In San Francisco the Judges are pro-postal service. The CAJ would give lectures to management in exchange for a blank check. What kind of fairness is that? The EEO Process is to shed the light to the employee's favor but when it comes to the Postal Service the AJ's give Management the benefit of the doubt. When has the EEOC given lectures to employees? This would probably reduce their workload. All in all, I see the Postal Service as a "Catch 22." If you have a case, it has to be severe for the AJ to want to schedule a hearing. Otherwise its a Decision without a Hearing with all the facts of your case misconstrued. How's that fair? Futhermore, if you file an EEO when the prima facie act occurred then you've minimized the harm inwhich the AJ will give you some cliche like "you still have a job," "what are you complaining about,"you were scheduled 2 hours later so your making more money (collecting night shift differential opposed to out-of-schedule pay), "so what are you complaining about?" It's an excuse to not do their job. All EEOC is doing is legitmizing discrimination. It's like a Lobbyist (legalized bribery). The PO does things a little at a time, systematically and with the EEOC approval. I'll e-mail at your address later. Have a good week and thanks for having the time to give good advice. tteagle

EEO Lost/m139
Back around 1990 or so the unions at the national level sent out a letter to all locals and branches. It instructed union officers NOT to represent employees in EEO complaints while under color of their union office. Since the union has no training or expertise in EEO complaints (they are only supposed to be experts on the contract) they could open themselves up to litigation – to being sued. You may want to consult with an attorney to see if you may have a case of misrepresentation. Unions have NO business representing EEO cases – just like I have no business filing any grievances.

EEO lost wtf are you implying over? Advice, seek clarification as per your request and the feedback will be astonishing.

I am trying to find out what I can do after I get back my results from an EEO and find out that is lost because the Union did not do things in a timely manner. Can anyone out here give some advise?

Thanks for agreeing Leon I see we have both been down the path many moons ago. It's peaceful here in this agency until they piss me off, that's when the redwoods cut down couldn't produce enough paper for my cases.LoL. What's that damn saying ...... ahhh here it goes, all sorrows are less with bread.

EXCELLENT POST...VET! I agree, wait out your case...hire excellent help, like the great one below your post. And I sincerely agree with the smile attitude. Look at what it did for Jerome Bettis of the Steelers in his career to get up from all tackles and do his smile and DANCE! Look how his teammate, Hines Ward, smiles before, during, and after torching another for a big play! Drives the other team nuts to know...you cannot enter their heads, and they are LIKELY to win in the end! (Sorry about the OBVIOUS Steelers elevation):-)

It's beguiling to see post's on here that reflect great discourage and deep down depression. I too have been there, but guess what people, when we die we can only take one thing with us. It's our memories. Think of that s.o.b. in management and realize when he/she dies they will be known as an asshole. What, I do is smile every day and when they see me it drives them nuts. they want what you have and that is self pride. EEO, EEOC,NLRB etc.. take a deep breath and take it slow. If you have a case, you will win. That is if you have a good attorney. One last thing folks, you can always clock out, after you win your case that is. Lol

/m134
Please email me directly at postalemployeeadvocate@juno.com and ask for a copy of my article on EEO REDRESS mediation.

REDRESS Does anyone have any experiance w/ using the REDRESS program ?There are a number of us that want to file an EEO complaint but are very uneducated about the process . I want to make sure our collective T's are crossed and I's are dotted before we dive in head first.Thx in advance for any help.

What can I say...I am absolutely, honestly amazed and impressed. To any who have their ideas of what credibility this J.R. Pritchett holds in his actions as credible authority for holding the United States Postal Service liable for its ENTIRETY of actions...including those of mis-management...I say ask me personally ANY day! I have never come across a more worthy recipient of a case of wrongful Agency actions (where the agency is the USPS), and have doubts of any service better!

                                                  Respectfully,
                                                  Leon B. Nichols, Satisfied Client
 No, my case is far from over, but after the mis-match wordings and ridiculous lies thrown at me only weeks ago from the Agency's Lawyer... my Representative above has solidly served me and has given me back my well-deserved Christmas feelings. I really do mean well for others, but lost myself through all the discriminations and harrasments and retaliations. He has helped me as much as anyone on Earth could have. If you have not paid for and received Mr. Pritchett's efforts on your behalf, see for yourself. If you are among those who find themselves questioning here and other places his credibility, I really call to question your own motives. Is it to raise funding elsewhere? Is it that you have trouble with anyone standing up for one who's been bullied? Or maybe it is merely that you have not real knowledge. If so...good luck with that!

Nicely performed again...Mr. Pritchett. I am quite impressed at how VIGOROUSLY you seek us wronged employees, and how true to the justice you remain. You are not merely clever, but are downright empathetical and powerful. Thanks for us all!

M/129 Thanks so much for the information. No I'm not a veteran and I steal have not heard anything.I will just sit and wait.I called Mr. Cantrell and left a message so I'm hoping he can help.Thanks Again for everything. it's good to know that people really know how this so call good and unethical paying american dream job can be.I love my job don't get me wrong I just have been treated unfair.

/m128
At all costs avoid a LCA. It’s merely a single step to removal for ANY charge that management might raise against you in the future. Make them charge you with something because the burden of proof is always on them. You need to determine the status of your EEO complaint so you’ll know what you need to do next. Don’t bother calling the EEO Commission because they can’t represent you, therefore they can’t help you. With regard to your application for unemployment – APPEAL. Ask for a hearing before an administrative judge. If you need help with that contact the best expert that I know on unemployment, Mr. Tom Cantrell of Salt Lake City. He can be reached at (801) 355-2005. If they are refusing to return you to duty, without pay, that’s called a “constructive suspension”. File another EEO complaint and raise retaliation/reprisal as the basis of your complaint. If by chance you are a veteran (you didn’t say) then you can appeal to the Merit Systems Protection Board. Similarly, even if you are not a veteran but do currently have an accepted workers’ comp claim and are placed in a non-work, non-pay status, you can also appeal to the M.S.P.B. You’re union should be explaining these things to you. Unfortunately, most unions aren’t interested in letting you know what other rights you have outside of the contract. Like a junk-yard dog, they’re only interested in their territory. Keep us posted.

Edited by author 10-29-2008 11:08 PM
I'm a PTF and I have been employed for 4 years at the post service.We had a new mangemeent team to come in April and my time has been change and even deleted for overtime in the past six months. I have been patience with the supervisor staff at the office. I filed a grievance and a EEO claim because they were changing my time and clocking other full-time workers out who work from 6 hours and they give them 8. Once the supervisor found out that I filed a EEO on them then she claim that I attacked her and threaten her. I was placed on emergency placement with no pay. That was on 9/24/08.Here it is 10/29/08 and I have had three investagative interviews and they have came up with nothing.Nobody knows when I can return to work and I was told that if I want to come back to work I have to admit that I attacked her and come back on a last chance agreement.I have never had any discpline actions before until this new management staff came on.I'm looking for a good lawyer and I hope that someone can help me with want to do. I have wrote the union, postmaster, EEO, and no one is trying to help me get back to work.I have applied for unemployment they denied me.The only other choice I have is to go on welfare. I applied and the staff said that if you make that kind of money you don't need no help.I have lost everything except respect for myself. I'm a single parent with three children and all I wanted was to be paid for the hours I worked.Do anyone know what other options I have.

I have been out on LWOP, pending removal for approximately one year. I know the stress you are talking about. I have done nothing to warrant the removal besides management trying to bend the rules and make me look like a criminal. I had my arbitration on October 15th, now I sit and wait to hear if I am employed or not. I have almost twenty years with the Postal Service, I think this is nothing more than a tactic to remove me before reaching retirement age/qualifications. If there is anyone who can refer me to a lawyer who can rattle a couple of cages, I would be grateful.

Look on Window Clerk forum on PostalMag.com. Seems I again have my 'critics' (nicest polite term I could give) harassing me, again online.

Weird! After all this blogging about Congress and my letter(s) to Rep. Phil English...I learned five hours ago (yes TODAY) that he and his competitor Mrs. Kathy Dahlkemper were having a friggin' debate here in Sharon like half mile away from my home! Yes, DUH, I went. I stayed around as the question I wrote down was never asked of the two...if elected, what will you do to stop the deteriorization of the US Postal Service? I met Kathy first, and can tell she has many ideas and issues that are her primary concerns, before ours (as if that will surprise you all). I was last to get to see Phil English, and I got the Glad to put a face to you thing. Then, in a classic politician way, he immediately tried to find Common Ground by stating he chose to pay extra for the insurance of the NALC. I let him have that one as I agreed our coverage is good, as my last four children were born without incurring take home bills. I wanted to ask my earlier question...when he asked forthright what it is I see needed from this Post Office person. I stated I am alarmed how (like Enron and others) our morale is at all time lows, and our top persons took it upon themselves to make raises for themselves. I was cut short of further query/comment as he looked over my shoulder and stated he was 'getting the hook to go'. I wasn't too impressed tonight, either way (from a Postal perspective) but, heh! I went and intended on making a difference.

Edited by author 10-13-2008 10:39 AM
I was driven to hospitalization from harassments. I stayed six and a half days, got help, and now am out of the corner they backed me into. Fight back...do not quit.
BTW...I am still waiting on my discrimination EEO claim and its five or six RETALIATION issues...since November 2007. Slow, and seems unfair how unproductive it appears. Go out of this box and fight into Congress. They oversee us still. It is an election year and this helps. Do not even give in to the trials and tribulations until you have GIVEN all your efforts!

STRESSED...DO NOT, REPEAT...DO NOT GIVE UP! Read on. We have to make our stand now.

10-12-2008 08:55 PM ET (US)
 Leon Nichols 23444
 
10-12-2008 08:42 PM ET (US)
 Fellow workers...it has been asked below if my letter could be used as template or to assist in writing other letters to our congressmen. I say it behooves you to do so. it wasn't more than like seven months ago that a fellow poster on these forums showed their letter to the Congress...and we all (yes even I then as well) shut it away as perhaps a good idea or good effort. We SHUT it away. Things demanded actions from Congress then, as they oversee us. What think you of the deterioration(s) since! I put up with two full years of injustices, harassments, job raping (yes I know what I called it), and heartless persons in 'authoritative positions' inside of this Service paid to correct such actions...all of which THEY DOWNPLAYED each and every action. If the guys paid to oversee the overseers care not, go up another level. If you run out of levels within... go outside the "P.O. Box!" ;-) Edit
Delete
 
 
54moaka2momax 25909
 
10-12-2008 08:50 PM ET (US)
 Leon, /m10630 read your letter to your congressman, and have shared it with others, would you mind if some of us used it as a template to contact our congressmen as a show of unity and concern? Edit
Delete
 
 
54moaka2momax 25908
 
10-12-2008 08:48 PM ET (US)
 A well written letter posted on the CLERK FORUM, maybe we should follow his example : In case you were wondering...
Rep. Phil English
US House Of Representatives
2332 Rayburn House Office Bldg.
Washington, D.C. 20515-3803

Oct. 8, 2008

Dear Congressman,

I have been overwhelmed in Sharon, PA. Fighting a battle which is really yours to fight. I am disheartened that so many visible and evident witnesses to how this US Postal Service is being mis-Managed and run to the ground from the Highest Level have as yet yielded such low effort from this Congress.

In any other big organization, it is evident that Congress is ‘cracking down’ on big name CEO’s and other leaders for doing EXACTLY what is being allowed by Jack Potter, Postmaster General and his group of eight or nine (CEO’s) ‘Vice Presidents’. While setting himself and his buddies up for life with blanket 39% pay raises this year, he has single-handedly spoken “doom and gloom” to media and his employees and has made little effort to show true character and fight for the common worker...of which he oversees around 780,000 of us. He has shown that, during his tenure, talk of LAYOFFS, 5-day postal delivery days, privatization, and other “Service” killers will be his game-play.

With suicides in this “Service” now happening at alarming rates, many workers being driven out early by consistent and unethical damaging harassments, and the likelihood being consistently dinner-table talk amongst my peers of someone breaking...and going “Postal” in this country again, it is clear that this Congress must act swiftly and morally!

I have kept you informed of the multiplicity of issues around this “Service” in your neighborhoods in Sharon and Hermitage, PA.. I have already asked for action.

Buy back my vote and my fellow workers. Be there for us. Benjamin Franklin would be horrified to learn of how this mail effort has deteriorated unto a main-stream mockery. Nobody would have fathomed such perilous times for an “American Institution” such as the US Postal Service. Yet even less would have thought it would be run to the ground literally by a band of thieves, as Potter and his VP’s.

I look forward to your efforts, and do now hope you continue your efforts on our behalf into another term. God Bless.

       Respectfully,


       Leon B. Nichols
       Sharon, PA. 16146

I've never worked for a more disrespectful selfish employer as i have with the post office. I have no problem with my job, it all has to do with starting at the top with management, postmasters, supervisors, etc..It is the most depressing, tense, and stressful environment to be in.

Hey stressed you think you have it bad welcometo my world.

If you are not happy with the steward in your office, go over his head to some of the officers in your local.
Are you a member of your local union?

M114
I don't really have one person I can go to (I think it is referred to as a member @ large).
There is a Carrier Union Stewart @ our facility, but he hasn't done a darn thing for any of the Carriers there.
In the couple years I have been with USPS, I havne't been too impressed with the Union.
I am starting to see why everyone @ my facility told me it was a no win situation. They have all tried and got nowhere too.
It sucks...

Yeah, I've been out for like six months and can't handle the stress of the job. It's taken a toll on me mentally and physically.

You should be able to get the resignation form from your manager or HR office. Are you sure you want to quit? Times are tough!

I want to resign from the postal service how do I go about doing so?

Have you talked to your shop steward?

Who do I contact about reporting a verbally abusive PM?
Please help...

Since this board has been quiet for awhile, below is a repost from May, 2006.
I have noted on many occasions that employees go into REDRESS mediation hoping to acquire things to which they are already entitled. For example, I’ve seen settlement agreements where the employee wants to be treated fairly, with dignity and respect, and without being subjected to retaliation. The problem of course, is that you are already entitled to those things. The 7th Circuit in Baker v. Chicago Fire & Burglary Detection, Inc. 489 F.2d 953, held that a valid contract must be based upon consideration where some right, interest, profit, or benefit accrues to one party of some forbearance, detriment, loss, or responsibility is given, suffered, or undertaken by the other. Where the promisor receives no benefit and the promisee suffers no detriment, the whole transaction is a nudum pacrum. So if you DO decide to participate in REDRESS, the very first question that you should ask is – Do you have the authority to resolve this EEO complaint? If they have no authority, then they have nothing to give that would be enforceable.
J.R. Pritchett, Employee Advocate
postalemployeeadvocate@juno.com

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
>
>
< 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. I forgot to mention that one of them is a 24OB (in-training), and both are hated by majority of the station and other senior supervisors(not disliked..too nice of a word), because they are trying to make themselves look good towards upper-management, and if they had their chance, they would even terminate the "regular" carriers if they could.

Edited by author 05-17-2006 10:51 PM
can anyone tell me what determines who get a clerk position, and if it is necessary to go to clerking classes. could one employee be picked over another if one has less service, but has been to clerk classes?
Need a quick response! Thanks

Just curious about whatever happened with this - did you end up having to be a witness?

I was given a letter from my postmaster on Saturday morning April 13, 2006 advising me that I was to be a witness in an EEO hearing on April 20, 2006. I was told that I have been put on the witness list for management against a fellow carrier. What rights do I have? To be honest I want no involvement. Thanks, K. Boyd

Under recommendation from a PEN user (BIGDADDY1) we have setup this forum for users to discuss current or possible EEO claims.

Please abide by PEN rules, they are:
1. Please don't copy and paste large amounts of text to our forum - just paste a link with a notation as what may be found at that link.
2. Please do not flame. Meaning - if you disagree with another poster or their comments please do so politely.
3. Please do not place links to other postal forums - PEN wants to keep you as a reader/user here at PEN.

THANKS!
Rick Owens - Owner
PEN
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