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

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.

Good luck you poor slob, the white person has no rights the blacks can do ever they want with no repercussions.
retired have seen it all.
Gary
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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.

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

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?

/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.

/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.

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!

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.

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?

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.

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?

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

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.