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.