Further to Postal Adv.
I believe the link came from this forum, but I do not know how to search the forum.

To the Postal Advo.
I saw a copy of the ruling by the Adm. Judge someplace on the internet, but I cannot remember where. I have tried searching that and had no luck.

/m5540
Postal Advo, I tried but I can't find anything yet. I am usually pretty good about finding stuff, but this one has been rather difficult for me. I will keep looking around. Please let me know if you find anything.
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Edited by author 07-01-2009 08:23 PM
I know this is EEO but can anyone assist me with a MSPB question? I filed a PFE (Petition For Enforcement) because of breach. (They interefered with an independent medical exam.) Agency responded. The judge then wanted to hold a 'preliminary conference call', why, I don't know, except she's on the agency's side!!

And now agency owes me back pay from the settlement agreement. I know I need to file another PFE for that. However, the settlement agreement I signed was a bad one. I really want that 'dead'. So when I PFE this latest breach of the non-payment of back pay, would I ask for recission of the settlement agreement, or is it just understood that I asked for it since I filed a PFE?? I really don't want a hearing but want my back pay and I want a re-negotiation on that settlement agreement. But the MSPB rulings I've read don't really allow for that. It seems to be "either" / "or" "either you get them to comply" "Or you request to rescind the agreement." (A knowledgeable friend of mine told me to file the PFE for breach and ask for sanctions. Here again, I've not seen that in the decisions. Is that ever done?)

(I've read the MSPB Judge's Handbook and it is of no help in Section 5, pages 61-62, "Processing Petitions for Enforcement". Neither was the section on "Sanctions.")

Thanks!

29 CFR 1630.14 - Medical examinations and inquiries specifically permitted.
http://cfr.vlex.com/vid/1630-inquiries-spe...-permitted-19686155


(2) Information obtained under paragraph (c) of this section regarding the medical condition or history of any employee shall not be used for any purpose inconsistent with this part.

  (d) Other acceptable examinations and inquiries. A covered entity may conduct voluntary medical examinations and activities, including voluntary medical histories, which are part of an employee health program available to employees at the work site.

  (1) Information obtained under paragraph (d) of this section regarding the medical condition or history of any employee shall be collected and maintained on separate forms and in separate medical files and be treated as a confidential medical record, except that: (i) Supervisors and managers may be informed regarding necessary restrictions on the work or duties of the employee and necessary accommodations; (ii) First aid and safety personnel may be informed, when appropriate, if the disability might require emergency treatment; and (iii) Government officials investigating compliance with this part shall be provided relevant information on request.

  (2) Information obtained under paragraph (d) of this section regarding the medical condition or history of any employee shall not be used for any purpose inconsistent with this part.
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Edited by author 07-01-2009 07:12 PM
Big Mike, ok, that last message was a test. Our friend will explain. I have a case that's been at OFO for almost 2 years. Our friend says I can pull it as I've exhausted my remedies. I've left it there as I have not had much luck finding an attorney to take this on but it is a good case. Supervisor revealed medical diagnosis to a co-worker. In the meantime, same supervisor has stated I failed a fitness for duty--and also told that to co-workers in a meeting. EEO shot that claim down and said that didn't amount to disclosing confidential medical information. I disagree. This was 'history' at the point of it being divulged. "29 CFR 1630.14.2 Information obtained.....regarding the...history of any employee shall not be used for any purpose inconsistent with this part."

Can I pull the first case and can these cases be combined, as they are similar? Don't want to give out many details, at this point, but my friend has my e-mail and I would prefer contact that way. Am up against a time limit on the second EEO, so I need to move fast. Thanks!

Stupid question, but O.K. Disability Retirement guys and Gals. I have a question, The reciept that we have to get from Social Security, What does it look like? Does it say at the top "Receipt for your claim of Social Security Disability Insurance Benefits" on the top? Also there are several pages stapled together with this page. And if this is the proper "receipt" that I need to send. Is this one page that say "receipt" sufficient, or do I need to add all the pages stapled together with the packet to shared services.

Case Law Update - Agency's Removal of AWOL Employee Was Proper, Even Though Employee Was Incarcerated on Charges During Period and Ultimately Found Not Guilty, Louisiana Court Rules

An agency's removal of an employee who was absent without leave (AWOL) was proper, even though the employee was incarcerated on charges during that period and ultimately was found not guilty, a Louisiana federal district court has ruled. In this case, the employee held the civilian position of Lease Vehicle Manager for the U.S. Coast Guard in New Orleans, Louisiana. On March 21, 2005, the manager was involved in a do ...
[read more]

Hi bigmikec,

how the agency's amended notice of deposition of complainant works?
thanks

5541... i don't know your whole story but ptf hrs should be as equal as possible.. po can't give one ptf 40 and another ptf 2

I won in the arbitration stage, but then, I just wanted compensation of a small amount and a job. I could have gone for broke and gotten full pay for the next seven years, as my friend did, but I love work. I didn't realize at the time I could have taken the money and then went back to teaching. In the end, I the money put us into a higher tax bracket, there was no written quarantee of my hours, and I was screwed on that and the PO that took me worked me the bare minimum even though the deal was no less than three hours a day, as I chose a small PO. Also, because we did not write in the part about taxes, I had to pay the attorny's taxes on her part also. So be REAL careful when you do this and get EVERYTHING in writing.

So, I work when I am needed, the bare two hours, ALOT, and the PTF below me gets her full forty hours. Yes, I have a grievance. But, there is nothing in the contract to protect me as I am a PTF in a small office and my attorney screwed me.

Does anyone have the contact information for the attorney or law firm handling the Sandra McConnell class action case? Seems as if all official channels are trying to keep it a secret. Please post the information here for all to see. Thank you in advance.

Pivotman M/5532. It's a criminal conspiracy and the criminals are making the rules. USPS managment needs major reform but that will not happen. USPS squeezes every dollar of savings it can by hook or crook while the government gives away $700 billion away to criminal bankers and credit institutions. It's insanity.