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Postal EEO Forum

^     All messages            10835-10850 of 10850  10819-10834 >>
10850
SlingshotPerson was signed in when posted
06-12-2013
01:17 PM ET (US)
IOD, to get a star all you have to do is sign up for this blog. Occassionally it gets inundated with spam and the only way we know it is a member is if a star is by the name. (see mine). Also, NEVER click on a link from an "unstarred" participant, they are usually trying to harvest email addresses. Usually whenever I post a link I also post enough information to google without clicking on the link.

I'm still not sure if I understand what you are asking, however, if this is not an issue which the union has exclusive juridiction (which they probally don't) If you are clear and understand the processes then take it over and handle yourself. Would your union be in bed with management? Do they know what they are doing? Do you want to have to constantly stay on the union??? Give this some thought.

I am not telling you what to do but....
10849
iod
06-12-2013
12:23 PM ET (US)
slingshot ,first how do I receive a star added to name second,slingshot and kimmiek,nrped may 2010 out approxmatly 30 m0nths.won arbitration on grivence filed through union .won on or about oct 2012
receiving 66 2/3 single comp pay. Still waiting union claims paperwork submitted from management ,called not submitted to payroll asked for copies of paperwork from union ,they claim some labor relations specialist don't give and union don't care if they get it only that they pay.tired of bs from both parties not doin g there job.What is my recource I want to request complete compention files on my case to see about test that was done 18 m0nths after being out on nrp and reinjured old injury with insurting dye and annestia
10848
wardyjr
06-09-2013
10:49 AM ET (US)
Walker class action <> Settlement <> on website___http://www.walkerclass.com/websys94.pl
10847
Boss-manPerson was signed in when posted
06-08-2013
06:57 PM ET (US)
We further find that even if the selecting official believed Complainant's responses regarding his medical restrictions to be less than truthful, the selecting official should not have used this perception to eliminate Complainant from further consideration as an applicant, because such a perception stemmed from the Agency's impermissible medical inquiry. See Bozeman v. United States Postal Service, 0120120923,(May 3, 2013).

An applicant's answers to an improper disability-related inquiry, even if false, cannot serve as a basis for the applicant's elimination from the applicant pool. See Leonel v. Am. Airlines, Inc., 400 F.3d 702, 709-11 (9th Cir. 2005).

An employer that violates its employees' rights by asking impermissible questions ought not be able to base adverse employment decisions on the resulting answers (to which it was not entitled in the first place). Downs v. Mass. Bay. Transp. Auth., 13 F. Supp. 2d 130, 140-41 (D Mass. 1998).

Based on the foregoing, we find that the Agency's non-selection for the Labor Relations Specialist position at issue was due to unlawful discrimination stemming from Complainant's responses to the Agency's impermissible disability-related inquiry.

Accordingly, we REVERSE the Agency's final order implementing the AJ's decision finding no discrimination regarding Complainant's non-selection for the position at issue and we REMAND this matter to the Agency for further processing in accordance with the ORDER below.
10846
Boss-manPerson was signed in when posted
06-08-2013
06:42 PM ET (US)
Under the Rehabilitation Act, an employer may not ask disability-related questions and may not conduct medical examinations until after it makes a conditional job offer to the applicant. ADA Enforcement Guidance: Pre-employment Disability-Related Questions and Medical Examinations, EEOC Notice No. 915.002 (Oct. 10, 1995). This helps to ensure that an applicant's possible hidden disability (including a prior history of a disability) is not considered before the employer evaluates an applicant's non-medical qualifications. Id. An employer may not ask disability related questions or require a medical examination pre-offer even if it intends to look at the answers or results only at the post-offer stage. Id.

This requirement also covers employees who are applicants for a new position with the same employer.....
10845
SlingshotPerson was signed in when posted
06-08-2013
12:25 PM ET (US)
A plaintiff's prima facie case of discrimination, combined with additional evidence that proves the respondent's offered explanation is false, may support a finding of unlawful discrimination. Reeves v. Sanderson Plumbing Products, Inc. 120 S. Ct. 2097 (2000).
10844
SlingshotPerson was signed in when posted
06-08-2013
12:24 PM ET (US)
/m10840
iod, I wish I could help you but I don't understand your question. Also, I do not generally respond to posts without the star because of potential spam.

Respectfully.
10843
KIMMIEKPerson was signed in when posted
06-07-2013
08:14 PM ET (US)
This sounds like it should be deemed a NEW injury by OWCP and you should be placed back there with all pay to the day it happened period.

Is this something your branch of your union settled for with management? At what level did they do this? Is it a binding agreement? you need to write a letter to OWCP and you need to have them tell you if this becomes a new injury with what they did to you offer or not you took a workmans comp.. work related injury while being tested.

OWCP should be liable if this is an OWCP work capacity test..
If this is a postal test then it would be deemed a work related injury therefore you have a new claim.
Edited 06-07-2013 08:17 PM
10842
KIMMIEKPerson was signed in when posted
06-07-2013
08:12 PM ET (US)
Give me more information.. has this started recently? Iod refresh my memory.
10841
iod
06-07-2013
05:50 PM ET (US)
Also won grivence nrp ,suppose to get 30 months but only getting 18 months , union states because i was sent for test by postal comp doctor on one of injured parts and test with die injured and made worse sent to ortho said test injured it worse .postal service offered job but ortho said no to stay out because of injury.union states the postal service claims that a job was offered and i was injured by test at that 18 months until the grievence was settled at the 30 th month that i am only getting paid for the first 18 months before the test.first can this be correct ,do i have any recorce to fight this .the only thing i can think of is i bid fir a job while i was out and 6 months bring a note stating you can do job by doctor .i sent first one ,but second 6 monthsthe return to work job was this bid job a second note was not aske for on this bid job that i dont even know i have anymore.do i have any reasoning to fight this injustice
.
10840
iod
06-07-2013
05:19 PM ET (US)
slingshot,kimmiek jr If you can tell me what disabled groups,to contact about the 2 senators wanting to change comp pay to 50 percent to help fight these changes to the laws.and any open meetings to the public or us injured workers to attend and possibly have are say thanks
10839
classactionsuituspsPerson was signed in when posted
06-07-2013
05:09 PM ET (US)
Does anyone know Rodney K. Deflumeri? He is currently a postmaster in S.C. He has a plethera of racial discrimination complaints filed against him. Looking to file a class action suit against the post office. Please contact if interested.. Only 3 people are needed to start class action.Thanks!
Edited 06-07-2013 05:10 PM
10838
Ghantoby
06-07-2013
11:53 AM ET (US)
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10837
Sarah Jomas
06-07-2013
01:47 AM ET (US)
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10836
KIMMIEKPerson was signed in when posted
06-05-2013
05:39 PM ET (US)
Greetings to all reading this message in this forum..

 I am seeing a new class being formed. It is not yet certified but it appears the USPS wants to start putting new EEO complaints that involve reduction in hours worked and no work available EEO complaints in Abeyance pending a certification.

The name of the EEOC that is turning into a class is the following

Glee Williams v. Patrick Donahoe, Agency No. 1G-721-0008-12. In the class complaint,
Williams alleges that the Postal Service discriminated against her and other similarly situated class
members when it modified existing limited duty job offers with reduced/eliminated work hours in
accordance with Part 546 of the Employee and Labor Relations Manual.

On May 9, 2012, a class complaint was filed alleging disability discrimination in connection
with a decision to reduce the number of hours in the complainant's modified work
assignment; Glee Williams v. Patrick R. Donahoe, Postmaster General, Agency Case
Number 1G-721-0008-12. The complaint was referred to the EEOC's Memphis District
Office on June 6, 2012 and is awaiting the assignment of an Administrative Judge on
whether the suggested class complaint satisfies the prerequisites for class certification.
The Williams class complaint does not adequately define the purported class but arguably
applies to allegations from employees whose limited duty and rehabilitation assignments
have been changed by management to consist of fewer work hours per day than they had
previously been afforded. The definition will be determined by the Administrative Judge
assigned to determine whether or not the class should be certified.

In accordance with EEOC guidelines, the following information is provided
concerning the processing of an individual complaint.

An individual complaint that is filed before or after the class action
complaint is filed and that comes within the definition of the class
claim(s) ... will be subsumed within the class complaint. If the claim
is dismissed at the certification stage, the individual claim may still
proceed, unless the same or other basis for dismissal applies.

This case however has not yet even been certified and does not properly appear on the internet as it is so very new. I would suggest if you have a new EEO case and the agency is stating they will be putting all or part of your complaint into abeyance that you file for an appeal.

This is all the information I can find at this time

kk
10835
Emyleigh
06-05-2013
02:46 PM ET (US)
General Comment: Look up Section 8 of Labor Law addressing violations regarding Federal management and unions against employees. That will help with Labor Law violations. Failing to represent the employee is the simplest one to prove! Keep those notes going.
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