CPW/m3855
Thanks for keeping me on my toes. I had to look it up just to make sure. Information provided by the NLRB for filling out the form states on their website, “By statute, only charges filed and served within six (6) months of the date of the event or conduct, which is the subject of that charge, will be processed by the NLRB.” I practically read through the entire Labor Relations Act just trying to find where I had seen the 60-day time limit. There are 60-day time limits, but those are imposed internally on NLRB staff, and not related to filing a ULP. So I stand corrected.
While I was there I did find a section that you and others might find interesting.
Section 12. [§ 162. Offenses and penalties.] Any person who shall willfully resist, prevent, impede, or interfere with any member of the Board or any of its agents or agencies in the performance of duties pursuant to this Act [subchapter] shall be punished by a fine of not more than $ 5000 or by imprisonment for not more than one year, or both.

PEA,

Isn't the time limit 6 months for NLRB Charges rather than the 60 days you refer to?.

CPW

Advocate- claim has been filed and accepted by DOL, Surgery amazingly was approved after only 4 weeks from date of Dr visit because the supers mommy is the Injury Comp. HR Manager and the talk has been that they want me out to protect her sons job from the charges filed. Another individual with the same injury has been waiting like 6 months for approval but the stall is on. The FMLA is for when chronic pain is severe and states "1-3 times a month, 1-3 days at a time". FMLA law states FMLA makes it unlawful for any employer to interfere with restrain, or deny the exercise of any right provided by FMLA law. Unlawful Acts-Employers cannot use the taking of FMLA leave as a negative factor in employment actions, such as hiring, promotions or "Disciplinary actions". Further the employer can only request medical certification that a serious health conditions exists- you do not have to provide medical records. The employee need not mention FMLA when requesting leave but may only explain why the leave is needed. It is unlawful for any employer to discharge or otherwise discriminate against an employee for opposing a practice made unlawful under FMLA. Excerpts from Compliance Guide WH Publication 1421 U.S. Dept of Labor Dec. 96.

First, let me say that care needs to taken when selecting a forum for redress of your situation. If the P.O. has discriminated against you, of course you file an EEO complaint within 45-days of the date of the discriminatory act. If the union discriminates against you that is called a “prohibited personnel practice” and is appealable to the NRLB as an Unfair Labor Practice within 60-days of the discriminatory act.
Next, the union should not be representing employees outside of grievance/arbitration. To do so with one’s union-hat on opens the union to litigation and being sued. Unions are only required to be experts in the contract.
Epicon66/m3952
The union should know that the only time an employee can disobey a direct order is when the order would compromise your health or safety, or the health and safety of others. However, I don’t see that an issue can be made of disobeying a direct order. Clearly the supervisor gave you a choice. If you went home, he would write you up. Your choice, when given the option was to go home and protect your health, accept the write up, and grieve it. He didn’t give you a direct order to stay. DON’T settle with Labor Relations. Insist that the LOW be reduced to a simple discussion. Tell your union NOT to settle for less than that.
Also, if your rotator cuff injury is job-related, or if you had a pre-existing injury but the job has exacerbated, or made it worse, why are you even messing with FMLA? You should be filing a Workers’ compensation claim with the Department of Labor.
Finally, your comment about “slaves in a cotton field” is apropos. Current labor law, in 2008 America, still refers to “the master-servant relationship” when talking about management and labor. That’s certainly the prism that management views craft employees, so don’t be surprised when they treat you that way.
J.R. Pritchett, Employee Advocate
postalemployeeadvocate@juno.com

Got a few questions- i'm a 10 year postal clerk with 12 years of military service(so 22 years). i suffered an injury in 2000 to my right elbow due to supervior negligence, had surgery 2x's to correct injury, due to chronic problems i have FMLA for this injury. in 10/07 i suffered another injury (a tear in my left rotator cuff) due to a damaged tray collapsing while stacking trays 3 high (lots of standard mail)on the pie cart since we have no nurse on tour 3 i was sent to the nearest hospital lo and behold a postal supervisors family (doctor)member told me it was only a slight sprain and returned me to duty. in feb 2008 i was having problems with both injuries and notified a supervisor i was going home FMLA (which i am approved for until 2009) this super told me if i go home he was writing me up. i filled out a 3971 and went home. upon my return he took me in the office with the apwu vice pres. and wrote denied on my 3971 and wrote no medical documentation. i provided my fmla cert. and the apwu vice told the super he violated federal law. the super then wrote me up a letter of warning lying saying that i went over my durations and that by leaving i disobeyed his order " if you go home ill write you up" Upon review it came out i didnt go over my durations so then he claimed he told me not to leave the machine but i "went to find a steward and never mentioned FMLA" which both i and the only witness both said was a lie that i in fact told him i was going home fmla and never mentioned anything about a steward as 1 has never been needed to go home fmla. i filed a complaint with EEO and with dol and 2 grievances with the apwu. both were denied at step 1. the first grievance which states he violated fmla law by denying my 3971 was upheld at step 2 but the leter of warning removal grievance wasnt because labor relations is trying to side with his lie that i never told him fmla but left to look for a steward thereby disobeying an order even thou there is a witness who says he is lying. labor relations is asking if i want to make a deal i told the steward tell them no deals as the super is falsifying official government documents in order to save his azz. it was the day after he denied the 3971 that my MRI results showed the rotator cuff tear and those results were added with my complaints along with my fmla data. this super is a family member of upper management with under 3 years and doesnt know his head from his arse, he treats employees like slaves in a cotton field. What else should i do?

WINK....Was it a case of Duty of Fair Representation? I have had success against management on many occasions. We had a scab file a charge against the union which was found to be without any merit whatsover. Our branch does not have a attorney so I would normally answer the complaint. A complaint was filed claiming we failed to represent them in EEO. The Board read the CBA and dismissed the complaint. Same with MSPB, OWCP, Unemployment. The union has no obligation to represent a scab in those forums, only the Collective Bargaining Agreement. The law provides we represent them. It does not state the calibar of representation. I have represented scabs with little success. Scabs are free loaders. They will take the benefits but will not contribute their fair share. As a thief with his/her hand in your pocket stealing benefits they didn't pay for. Sorry for the tirade. I am sure to read about this post.

sorry-been there with NLRB! They had no power, just bull.
I filed against the NALC. Wasted $100 on trains and bus fair.

Hi Templer,
           Although I don't know of an attorney to handle your EEO case, you could in the meantime visit nlrb.gov. This is the web address for the National Labor Relations Board. The fastest way to get to what I'm going to tell you is by Googling nlrb.gov. Once on the screen click "Office Finder" to locate an office near you.Speak to an information officer about your case. (By the way I'm telling you this because I was made to understand that NLRB has more power to put the fear of God into management than EEO.) So once you're there you'll see when you scroll down a bit "Please enter your employer's zip code. Do that and you will see the nearest office to your facility.Call them and discuss your case with them. One more thing, if you choose to file a complaint that is after they feel your case is worth investigating you MUST,MUST,MUST file this complaint within 6 months from the date of the incident. Check the whole site out. I got quite an education out of it myself.

Hello everyone, I am new to this forum and need to find an attorney asap to handle my EEO case. I am in Mississippi and need to find someone as close as possible to help me.

you wouldn't be filing a grievance directly against po injury comp but indirectly.. you have to go with the chain of command.. seeing pm is your boss, you go thru him, with the ca-7,7a this is handed to your stupervisor/pm, they inturn give it to po injury comp.. another example.. which just happened to me, is that OWCP sent paperwork to po injury comp to fill out.. po injury comp did not send me a copy.. i thought they had to but, po never follows their rules..... i got my steward to request this information from the pm.. he inturn got it from po injury comp and then a greivance was filed, becuase po injury comp is not giving the accurate info to OWCP which is having an adverse effect on my pay...

ME...I didnt think they could challenge a SA either..But atleast wait till the DR report came back...Well like I said this was in 2002.I just had a rating done a couple months ago but I havent heard anything from this one yet..I called DOL to get the statis they said they got it back from the DMA but it hasnt yet been certified...But I just recieved a physical evaluation FORM for my DR TO FILL OUT,,.IM not sure what thats all about they are always up to something not surprising at all... thanks for the info.. I didnt know I could file a grievance on INJURY COMP...But the same thing happened to me once before I HAD GAVE MY BOSS MY CA7 or some other form I cant remember which form it was but he never turned it in.Then lied and said they miss placed it...

CAMRYN211.. i didn't know po injury comp could challenge a SA??? it shouldn't surprise me as the po does whatever they can to try to discredit the injured worker.. po kicks us when we're down and then grind their shoe into us also..unbeleivable

i thought with a SA you get a narrative from your dr and attach it to a
Ca-7, then submit it to your stupervisor.. i guess if you want to go to a dr other than your treating dr you might have to request authorization from OWCP.. make sure you have a dr in mind and have talked to his receptionist about all this ahead of time...

As for charging the po with anything.. that is hard to say.. i beleive you have to show that the po harmed you in some way...but when i recieve a copy of my file and something isn't right i file a grivance within 14 days..

example: i gave ca-7,7a to stupervisor on 1-2-08.. this should be sent to OWCP within 5 days

by 2-10-08 i still didn't recieve my pay from OWCP
called OWCP and they say they never recived ca7,7a from PO
i then talk to PM who tells me it was mis-placed he will resubmit it
i write a statement and file a grievance
to back up your grievance you can request copy of your file..
and submit this any paperwork as evidence

HEY ME... I feel you on the INJURY COMP PEOPLE... I just recieved a copy of my workers comp file from DOL.. I happened to see the ca7 I sent in back in 2002 requesting a SA.. BUT I never heard nothing back from them.So on that CA7 that I SENT to Injury Comp THEY HAD sent it to DOL and they wrote on the page they are suppose to fill out your salary that they request to challenge this SA ...
THAT sounds really strange to me because what were they talking about challenging .. I NEVER went and got the rating done yet because they never sent me the forms for the DR to do the rating...That just goes to show how under handed and crookit they really are...These people are so mean .IS there anything you can charge them with when you find stuff like that in your file?

don't know anything about tort claims.. but i feel these people should be relieved of their jobs so as not to bring further harm to employees and me...

NY..3839..i like how you say it, short and to the point and that is the truth.. they know they are doing it and are wrong and they only reason is to hurt me as i have had several accepted claims from the po.. the main one is this po injury comp person had been trying to get my stress claim disapproved, i am sure she was pissed when it was accepted.. one day after it was accepted po injury comp people sent alot of paperwork (paperharssment) for my dr to fill out which i ended up filing greivances for that which i won also... i forgot about that one.. po injury comp harassed one of drs in 2005 which i ended up losing.... i could show a whole list or crap becuase i filed greivances for each and everyone...

Mizel..here goes...OWCP cannot exercise jurisdiction over the adverse action (my pay) without the confirming paperwork from the PO (agency) greivances have been determined that show the po is in violation of its own regulations which the agency fails to abide by. the agency motivated by discriminatory animus, took specific steps to interfere with my accepted compensation claim. this is just part of my appeal.. i state some cases.. also how all these injury comp were well aware of prior eeo activity.. the agency states i am not an agrieved employee..BS..i state the harm po has inflicted on me.. the loss.. and the remedy.. i forgot to include also that i feel i might be able to stop my stress medicine (accepted claim) if the po injury people would just stop this harassment/retailation that has been ongoing for the past 2 years... this is unbelievable.. i know i am right.. union knows i am right.. PM knows i am right.. and still po injury comp people STILL refuse to stop.. unbeleivable...

hey NY.. pattern has been continuing since the signing of my eeos in 2006, one day after the signing PM/injury comp person listed me as awol... i flipped.. i called my lawyer screaming that i told him it would never end... i was put on more meds..unbelievable... i feel i was forced back into this environment...