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Postal EEO Forum

^     All messages            11916-11931 of 11931  11900-11915 >>
RivkahPerson was signed in when posted
07:20 AM ET (US)
Topcat You mentioned a letter many received. Is it the one from the new HQ HRM MGR?
07:08 PM ET (US)
Pittman web site final posted an update today. Looks like we will final get our pennies on the dollar settlement!
Former USPS InspectorPerson was signed in when posted
11:14 AM ET (US)
The OWCP has determined and to my understanding is still in effect that the USPS' access to DoL/OWCP electronic database/system has been suspended due to the fact that the USPS refuses to agree that it will not continue to use employee medical information (temp/perm disabilities
) in its employment decisions (promotions/retentions ect..) http://www.apwu.org/news/web-news-article/...ess-electronic-data
So either OIG Agents or Postal Inspectors coming to your house is of no surprise to me. I would also not be surprised if they went to your neighbors houses and asked them questions like: Did you know Postal employee "topcat1" receives medication X to treat illness Y? Explain everything you know neighbor.... With the answers being relayed to your manager/supervisor who determines if they want to fire you for what you said of if you refused to cooperate declining to answer for privacy concerns outside of the scope of your employment as was with me. I see no need really to pay an lawyer $250+ an hour to be present for any of this unless you already have 1 involved in some issue you currently have that may be related. And no I was not on OWCP but my manager admitted to lying in his OWCP response to questions from the DoL during his testimony in my EEO hearing at the Federal Courthouse that resulted in my loss of over $400,000 in benefits. He has since been promoted to an Executive level at the USPS.
10:13 AM ET (US)
 and thank you
Former USPS InspectorPerson was signed in when posted
09:07 PM ET (US)
So let me get this straight. You are out on OWCP and USPS OIG Agents come to your home asking about medicine (your medical history) that you received in the US Mail. I personally would not speak to them unless served with Kalkines obligating me to speak to them under threat of termination if I did not AND even then the questions they ask as in my case are outside of the scope of your employment then politely decline to answer citing your privacy as a concern. EVERYTHING you say to them (personal medical information) will be made available to managers/supervisors in the USPS.
08:05 PM ET (US)
they did come and i spoke ,and asking aboutmedice i recieve and was shown id and was not told of my rights and after wanted me to write a statment and sign ,i stated no and they left. no right were stated to me they read from a paper with questions that i did not see .they now have my telphone number and asked for my drivers licence and wrote down ifo from it. if contacted again should i request that legal councel be present
08:04 PM ET (US)
they did come and i spoke ,and asking aboutmedice i recieve and was shown id and was not told of my rights and after wanted me to wriht a statment and sign ,i stated no and they left. no right were stated to me they read from a paper with questions that i did not see .they now have my telphone number and asked for my drivers licence and wrote down ifo from it. if contacted again should i request that legal councel be present
Former USPS InspectorPerson was signed in when posted
07:36 PM ET (US)
If visited by USPS OIG agents they are only interested in strengthening a case that the USPS will benefit. They are NOT there interviewing you for your best interests. If the USPS decides what you told them is not what they expected or wanted to hear more likely than not you will face repercussions regardless if you did anything wrong or not. I would advise you not to speak until you are provided with Weingarten/Garrity or Kalkines notice(s). NEVER speak when given Miranda. Always be mindful that the OIG is NOT an independent (separate from the USPS) entity as they want you to believe. The OIG only survives if the USPS does. MANY agents are former managers/supervisors from the USPS that still have and maintain friendships with the USPS. Attorneys at the OIG regularly speak to attorneys at the USPS and determine what course is best for the USPS to benefit. NOTHING that you report to the OIG is confidential/anonymous regardless of the promises you are verbally or in writing given thus expect as soon as they are finished speaking with you that your manager/supervisor will know what you said (adjusted accordingly to the benefit of the USPS).
07:12 PM ET (US)
FORMER USPS INSPECTOR MY question is when visited unexpectedly by oig agents 2 ,and out on compensation nrp about a letter i and many recieved and visited and needing info on contents of letter.What is the proper way these inspectors should notify and my rights that they should make me aware of.
Former USPS InspectorPerson was signed in when posted
04:31 PM ET (US)
In its March 2016 (most current posted) the Bureau of Labor Statistics puts the USPS at 615,140 employees  https://stats.bls.gov/oes/current/naics3_491000.htm 

OPMs most recent publication puts the entire Federal Civilian (excluding military, CIA, DIA and NSA) employment at 2.7 million https://www.opm.gov/policy-data-oversight/.../september/table-1/

Per the EEOCs most recent Report posted https://www.eeoc.gov/eeoc/statistics/nofear/hearings.cfm

8,324 EEOC hearings are pending over ALL civilian employees/applicants .

Per the USPS "No Fear" act posting http://about.usps.com/who-we-are/no-fear-act/data/national.htm

The USPS had no findings (never admitted) of/to itself being discriminatory absent a hearing.  2,540 USPS cases are awaiting a hearing before an EEOC Judge.

The average processing time for a hearing was 539 days with agencies issuing orders on Administrative Judge merit decisions in an average of 837 (2014 data)days after the complaint was filed.  26% of cases in which an Judge issued a finding of discrimination the case was/is appealed to the OFO resulting in over 90% of those Judges decisions being fully upheld by the OFO.  The average processing time for appeal closures by the OFO rose to 418 days per 2014 data.

45%+ of the USPS' initial decisions to dismiss an employees EEO case at the start of the process that the employee TIMELY appealed are overruled and ordered investigated/processed by the USPS.

In summary, with the USPS' 600k or so employees of the 2.1 million left as non Postal its 2,500+ pending hearings constitutes the largest burden on the taxpayers and largest source of backlog for the EEOC.  If you wish to avoid the 1,200+ average days before seeing a glimmer of light at the end of the tunnel that is your case ending think seriously about filing in Federal District Court because my experience is that Federal Court Judges will have a structured viewable timeline faster than the EEOC of which the USPS overburdens.  Now this is only if you can AFFORD to pay for the legal fight and/or endure the lengthy process of the EEOC as I have. On another note, The USPS OIG has not found the USPS to have violated the "Whistleblower Protection Act" in past years in contrast to various published cases in which an USPS employee(s) where terminated after reporting serious safety violations to OSHA in which OSHA/DOL with the DOJ filed cases in Federal Court against the USPS. Count on any and all confidential complaints made to the OIG to be reported/forwarded with the name of the reporter/complainant known to their respective managers as was with my complaint(s).
Postal Employee AdvocatePerson was signed in when posted
11:12 AM ET (US)
Kim2 /m11920

“Did mediation and it didn’t help!”

There’s a statement just dripping with disappointment. And how many times have we heard that?

The Postal Service’s REDRESS mediation began in 2007. Every year they issue a report to the EEO Commission with statistics regarding the percentage of participation by those who filed an EEO complaint. It’s interesting that the Postal Service set a goal for the percentage of individuals they want to participate (it often fluctuates when prior goals were not met), but they have not set a goal of how many mediations need to be successful. In other words, they only care that you participate, they don’t care whether an agreement was reached.

For the sake of argument, let’s say that you were “successful” and reached a written settlement agreement. What happens if the Postal Service violates the agreement, as they so often do? There’s a separate process for filing a breach of settlement, then what’s involved in filing a regular EEO complaint.

Instead of calling a toll-free number and filling out forms they mail to you (in a regular EEO), a Breach of Settlement requires that a brief is filed with the Postal Service’s Area EEO Manager within 30-days of when the breach occurred. Then within another 30-days, the Area EEO Manager is supposed to write a decision regarding whether s/he believes a breach occurred. If ‘yes’, then describe the remedy. If ‘no’ (which is most of the time), describe how the agency is not in material breach. THEN the complainant must file an appeal with the Office of Federal Operations (OFO) at the EEOC in Washington D.C. and wait for their decision regarding whether a material breach occurred. By the time OFO reaches a decision, the employee has lived with the material breach for months, if not years, with no consequences to the management officials who were responsible for the breach.

Bottom line, statistically, as well as anecdotally, REDRESS mediation benefits the Postal Service more than the employee. You’re being played. That’s the way REDRESS was intentionally structured.
kim2Person was signed in when posted
05:06 PM ET (US)
got a case now, hope and hope again it goes though at the formal stage now did mediation and it didn't help!!
N.Y. City Wiseguy
04:42 PM ET (US)
I enjoyed this forum when it was active.
N.Y. City Wiseguy
04:58 PM ET (US)
Of course I wish we had some action on this board. Everyone still celebrating the New Yewar?
postalvetPerson was signed in when posted
09:14 PM ET (US)
of course all this changes on jan 20, 2017
Former USPS InspectorPerson was signed in when posted
08:02 PM ET (US)
I did some research on the USPS' obligation (if any) to abide by the decision of an Arbitrator and found a Federal District court case in U.S. POSTAL SERVICE v. AMERICAN POSTAL UNION (46 F.Supp.2d 457 (1999)) involving an arbitrators decision that an Union Employee be reinstated after termination. The Federal court Judge states that "Despite the preference courts express in favor of deferring to arbitration awards, courts will review and set-aside awards, when appropriate, based upon a number of grounds". The Judge further states "The Federal Arbitration Act provides additional grounds for vacating awards, including fraud, arbitrator bias or misconduct, procedural unfairness, and the ground that the arbitrator exceeded his authority". So, don't count on the USPS accepting or feeling obligated in implementing an Arbitrators Decision UNTIL Ordered to do so by a Federal District court judge(s) up to the most extreme Federal Appeals court. This of course often costs the employee undue legal expenses in the 10s of thousands. An EEOC Judges Decision is at times not accepted by the USPS in its entirety resulting in the USPS issuing a Final Agency Decision (FAD) reflecting this causing the victim employee to endure what is currently and additional 2 years until the OFO at most times issues an order that the USPS comply with the original EEOC Judges decision.

My advice is to start preparing your EEOC (and usable in other forums) Preconference report detailing in specificity your case with evidence attachments. My prepared report alone is 26 pages single spaced with evidence attachments is in excess of 250 pages. This document will be a work in progress from when your problems/victimization started (and even before detailing your exceptional work/awards with the agency) past your termination (emotional and physical complications with doctors records and job searching diary). My goal in posting to this Forum is to encourage everyone to fight for a make whole remedy to your wrong. My case is an extreme and most often boggles the mind of people who know it.
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