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Postal EEO Forum

^     All messages            11875-11890 of 11890  11859-11874 >>
Dewann williams
04:06 AM ET (US)
Hello I am in need of help. Im a regular carrier from dallas tx. I injured my back while on the job. I reported the injury only to be told to continue delivering the mail. Then they told me I was fired. Shortly I found out i would need surgery. The next year I received an absence inquiry. I had surgery 2 months after receiving it. I submitted all docs. And requested light duty just to be told if I can't deliver mail I can't work. Last month they called me in for a meeting about my absences and failure to report to work as scheduled. They never allowed me to work. Union is not really helping
Edited 12-11-2016 04:07 AM
N.Y. City Wiseguy
11:10 PM ET (US)
Ahhh....peace in Postal EEO land as no postings since 11-21-16. I am so happy :)
Postal Employee AdvocatePerson was signed in when posted
08:45 AM ET (US)
Your "appeal" is filed when you complete EEOC Form 573 within 30 days of receipt of the FAD. After you file the 573, EEOC/OFO will send you an assignment letter with their new docket number. You're supposed to include that docket number when you file a supporting brief within 30 days of when you filed the 573.
12:38 AM ET (US)
Postal Advocate thanks for the info but wouldn't the 30 days to file supporting brief start upon receipt of the delayed FAD?
ExBoss-manPerson was signed in when posted
11:08 PM ET (US)

Normally if an otdl employee has leave immediately preceding their long non scheduled weekend, they will not be forced to work overtime on their non scheduled unless they make management aware of their availability. That's in Article 8.

That's not the case here. Holiday scheduling is in Article 11. If your local has a lmou, holiday scheduling/pecking order should be there as well. Normally, non volunteer employees on their ns day are required to work before non volunteer employees on designated holiday. The fact that employee has leave after the holiday is irrelevant.

Check out your national contract or jcam in Article 11, or your lmou. Talk with your union rep and make them aware. Have supervisor contact labor relations for guidance. Good luck!
RIKSNYPerson was signed in when posted
08:02 PM ET (US)
Wouldn't that be in your local: pecking order for holiday scheduling?
k jones
07:29 PM ET (US)
Need information and where I can located in contract. Holidays scheduling. My day off is thanksgiving, so holiday is Wednesday. however I am being forced to work because someone has ns day off Wednesday, holiday Thursday and then leave Friday and Saturday. Management is saying since the have leave scheduled, they can't be forced to work non-scheduled day. I say it shouldn't matter is leave is after holiday. Please advice
Postal Employee AdvocatePerson was signed in when posted
01:06 AM ET (US)
Jason /m11882
Once an AJ Grants a Motion for Summary Judgment (MSJ) s/he will generally Order the agency to issue a FAD within 40 days of his/her order. If you have not received an FAD, and 40 days has passed, go ahead and file EEOC Form 573. Once NEEOISO gets their copy of the 573, they will usually expedite a FAD. You will have 30 days or less to file a supporting brief. When filing your brief keep in mind that your first argument is that the judge erred when granting the MSJ. A MSJ should only be granted when there is no dispute of the material facts; if there are genuine issues of credibility to be determined; or if there are still unresolved discovery matters. Your second argument is regarding the merits of your complaint; i.e. I was discriminated against when other employees, not in my same protected group or class, were treated better or more favorably then me when ----
pk /m11880
From experience, I can tell you that law students are not generally trained in administrative law. I have dealt with many attorneys who are competent and capable in a court of law, but are completely out of their element in administrative matters. BTW, the term is “pro bono”. Occasionally, well-funded attorneys will provide free legal services to poor or indigent individuals unable to pay legal fees as a service to the community. Most often cases that are related to their area of expertise (though not always). If an attorney indicates that they will take your case on contingency – you don’t pay unless you win – I’m willing to bet that they have no experience in administrative law. There are just too many variables.
03:30 PM ET (US)
I need information concerning FAD- AJ ruled against me WOH (Summary Judgment without a hearing. I never received the FAD but want to file an appeal within the allotted time limits. Do I wait or do I send the form 573? Any help appreciated. I may add I could not find any information about this anywhere it seems the law is specific an Agency must give you a FAD before someone can appeal.
Edited 11-05-2016 03:20 PM
07:31 AM ET (US)
I am currently in the works for my AJ hearing. I did not request an agency decision based on the management provided no documentation for my termination. It has been witnessed by 2 individuals that this manager also will not hire women. My case is sex discrimination and have my investigator report. Mostly lies from management. I wish to pursue in court to let an AJ decide on the case. I was concerned about getting any other information and how long will it take to get a hearing. Any advice is appreciated. Thank you
07:28 AM ET (US)
D.C. Postal Worker / LCA

It sounds like you have received some excellent information, from a number of informed individuals on this forum, regarding the unfortunate situation that you have experienced. And I can understand the stress you were under that ultimately made you to surrender into signing the LCA. But as I understand it after you were out sick for 12 weeks with approved FMLA, which was followed with USPS management keeping you off your bid Job for 5 months without pay. No Administrative Leave? Did your doctor release you to return to work at the end of your 12 week FMLA? If so did anyone in the USPS such as HR or management inform or advise you during that 5 month period, to apply for Workers Unemployment Benefits with your State? I realize that District of Columbia is not a state but surely D.C. must also have Workers Unemployment Benefits.

If no one at USPS informed and/or advised you of your Right to file for Unemployment Benefits then that is negligent on their part as a federal employer. This maybe grounds to over turn your LCA. You stated, your Union President represented you in this, well it is obvious that they are worthless. You could seek out legal aide since your income has dropped substantially over the last 8 months. Or better yet apply for legal assistance at any of your local Law University(S) in your area. Senior Law Students are able to take on your case as "poor bono". They are fully afforded the same court privileges just as any other attorney. You get yourself a fresh raring to go senior law student to represent you and I bet they will be ready, willing, able, and egear to set up appointments to met with your Congressional Repersentatives (Congressman & Senator) right there on Capital Hill, so they can represent you.

Yes in signing the LCA you are back working your Bid Job. But you are wrongfully out five months pay due to USPS management locking you out from working your Bid Job, when you were medically cleared to return to work; plus your earned annual and sick leave you have coming to you over the course of those 5 months also.

You could have the poor bono law student represent you in contacting the DOL on your behalf also to get that started. Then once you get your LCA thrown out File for EEO. And I would definitely contact your Union National Repersent's Office with all the details of how your case was handled locally and by whom.

Because as mentioned in the post by Postal Employee Advocate #11878 something was a miss on managements part otherwise they would have just canned you instead of bringing you back even with a LCA. And now that you have signed it . . .
well now they have all the power. Like someone else mentioned in this forum you have to stand up to them with every legal ammunition you can put between them and you. Get your National Union Repersentatives involved in your case. You can call them on the phone or better yet shoot you are in DC make an appointment and go in person. Remember they work for you, your Union dues pays them to do their job.

Once your management sees that regardless of the crumby Union representation you got in this deal you are not falling for their BS again. Eventually they will get tried of hitting dead ends with you when it comes to handing out discipline, and move on to someone else, (which I am sorry to say). Your story moved me as you can see, I have said my peace and I wish you well my postal friend. I personally have in over 32 years in the Postal Service, and when it comes to the Postal Service management and craft relations, the more things change the more they stay the same.
Edited 10-31-2016 08:03 AM
wardy jr
02:08 PM ET (US)
Pittman v. Donahoe

Status Update

   As of October 7, 2016, the status of the case has changed. One class member filed a complaint in federal court.

   The District Court of Colorado issued an order on April 11, 2016, dismissing the class member's complaint.
   The class member filed an appeal to this dismissal. This appeal is still pending.

***** USPS continues to take the position that based on the terms of the settlement agreement this complaint challenges the settlement agreement and the distribution process must be stayed until this dismissal is final.

___Continue to visit the website for status updates. (www.pittmanclass.com)
Edited 10-18-2016 02:09 PM
Postal Employee AdvocatePerson was signed in when posted
11:35 PM ET (US)
Reposted from December, 2013

Many of you are aware of the concept of a Last Chance Agreement or LCA. I have often seen management issue severe discipline and/or removal for seemingly minor offenses and then offer the employee an LCA rather than go to a hearing or arbitration. The premise of course is to give the offending employee “one last chance” to modify their behavior.

Only a small percentage of employees who agree to an LCA are able to avoid the inevitable discipline that will come later, and/or survive past the LCA’s imposed terms and deadlines. Last Chance Agreements are merely traps that ensure that management will just fire you later rather than sooner.

Generally, the terms and conditions of an LCA impose expectations and restrictions on the employee not usually imposed on others. There are always unforeseen events that can be interpreted as violating the terms of the LCA. Also, an LCA can contain language that is subjective in nature, allowing management wide discretion in its interpretation.

One rarely sees an employee prevail in arbitration, EEO or M.S.P.B. when a Last Chance Agreement is involved. Why? Primarily because the issue being adjudicated isn’t so much whether a new infraction occurred; whether the penalty is too severe; or even if there was just cause for the discipline. Instead the issue is whether the charged infraction was a violation of the provisions and terms of the LCA. Take for example an attendance issue. Management may try to serve a removal on an employee for X number of unscheduled absences (not otherwise covered by FMLA) in a six month period. The LCA may specify that only a fraction of the usually permitted unscheduled absences can be used within an encompassing period of time (e.g. two unscheduled absences in a six-month period); something that the employee believes s/he can achieve. Even though the employee may have a valid and legitimate reason for an additional unscheduled absence [even an event out of his or her control], the LCA does not allow or make concessions for valid absences; only for a specific number of absences in the designated period of time.

An LCA is merely the last step in a removal action eventuality. And consider this – if management had all the evidence necessary to support severe discipline or a removal action they would follow through with the discipline or removal. The offer of a Last Chance Agreement is a red flag that management does not have sufficient evidence to support the adverse action. Management doesn’t offer a Last Chance Agreement simply because they are considerate, kind and altruistic. We’re talking about individuals with sociopathic tendencies, without conscience, remorse or regret for harming another individual in order to achieve their own career advancement or privilege.

Further, I maintain that an LCA is not a legitimate part of the grievance process. Implementation or use of a Last Chance Agreement is not supported by any agency rule, regulation or contractual provision. It is a fabricated method of disciplining employees that the unions should never agree to. In fact, an LCA unilaterally deprives an employee of their Article 16 protections. The union does not have the authority to strip individual employees of any part of the contract that was negotiated to effect all craft employees.

“The agency may not modify a rule sub silentio in a manner that is inconsistent with the rule as announced and then defending its decision on the basis of a practice inconsistent with the written rule.” See Allentown Mack Sales and Service, Inc. v. NRLB, 522 U.S. 359 (1998).
My point is that implementation of an LCA is essentially the silent modification of an existing rule (Articles 15 & 16), though the change in the rule has not been negotiated.

My advice is that an employee should NEVER agree to an LCA. All you will be doing is putting off your removal until sometime later within the next two years (the usual life of an LCA). If your union tries to convince you to agree to accept an LCA they are either: too lazy, unskilled or uneducated to adjudicate your grievance; guilty of malpractice (a.k.a. – Failure to Duty to Fair Representation); or, someone in the union is using the employee as a bargaining chip for some other favor or consideration with management (I’ve personally seen this happen).

Certainly I am not discouraging settlement of an adverse action, so long as the settlement does not make reference to, or otherwise infer that the agreement represents the employee’s “last chance” or “last opportunity” to somehow modify their behavior. Any employee receiving counsel from their representative encouraging them to accept a Last Chance Agreement should question whose interests are really being considered.

      J.R. Pritchett
      Administrative Law Representative
08:03 AM ET (US)
I am not surprised to see there is still blatant violations against workers in the USPS still happening. Maggie, get out if you are still young, nothing is worse then being harrassed daily with NO
recource. You will never get justice. The wait is at least 3 years and the whole system is a waiste of time, energy, money (if you have a lawyer), and the UNION is VACANT when you look for help! Find peace in anothr occupation. THe USPS is still back in the fifties when it comes to human rights.
07:56 AM ET (US)

Becareful of the Last Chance Agreement. In my experience they will use it in any way they can against you. You must immediately submit a grievance that the lca is unwarranted and that signing it was a condition to your reinstatement it was signed under duress. You must also point out in the grievance that working under such harsh conditions as the LCA causes stress every day. Agian in my experience when they invoke it and you attempt to make all these points the dispute resolution team will state that you had made no mention that it caused difficulty. You also must determine who else under similar circumstances in your office has been forced to sign the LCA. You must be careful as to what it covers. In my case it was signed regarding alleged safety violations as invoke for other violations. they Dispute resolution team will attack you on the grounds of a contractual violation and state that just cause does not apply. BE CAREfUL
maggie2010Person was signed in when posted
07:30 PM ET (US)
Call me 510 913 2875
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