In a nutshell, Postal Window Clerk Liz Jones submitted a request to change her work schedule for 3 hrs. once a week and 8 hrs. on Saturday (another window clerk offered to exchange her day off with Ms. Jones) for 4 months to attend school. Ms. Jones wanted to prepare herself for employment outside of USPS due to the excessing taking place in Walnut Creek. The involuntary reassignment would require Ms. Jones to travel up to 200 miles away from her duty office. Management denied her request in the month of August stating that she could not be spared from the window. Shortly after denying Ms. Jones’ request management scheduled another window clerk to work as a 204B. Also, one month later (September) a letter was issued notifying her that she will be excessed from Walnut Creek effective 12/5/09. The following is a letter that Ms. Jones sent to several lawmakers about management’s refusal to grant her request to attend school.
October 4, 2009
Dear Sir/Madam
My name is Ruben Jones, I am a Window Distribution Clerk at the Walnut Creek Post Office. Having been an employee for 11 years I have worked in various positions, Window Clerk, Distribution Clerk, 204B “Supervisor in Training”, Bulk Mail Relief and Business Reply Relief. My positions have been held in five different branches of the Post Office.
The intent of this letter is to inform you of the injustices that are occuring within the Walnut Creek post office. These injustices have caused a hostile work environment which are detailed in the attached documentation. The actions of management have also led me to believe that discriminatory practices are being performed against me in order to hinder my career advancement outside of the post office, once my position has been eliminated due to downsizing of staff within this branch.
In light of the economic situation with the downsizing of businesses nationwide, it is inevitable that the postal service will be effected. For one and half years it has been said the post office will be restructuring based on the need of the business. In knowing this I made the decision to return to school. I made management aware of this in June 2009. I was offered no resistance at that time, but was encouraged to return to school. As of August 12, 2009 I informed management of my intent to return to school by submitting a “Request for Notification of Absence” form detailing the reason I would be needing three hours away from work August 22,2009 due to placement testing. This time was approved by my supervisor. Since completing my placement test and being approved for the course I submitted my schedule change to management on August 28, 2009 along with my course schedule and the modification needed to my work schedule. My request was declined.
In lieu of the modification of my work schedule I was offered a part time regular schedule which only guarantees four hours per pay period or finding employees to cover my shifts. I did find an employee to cover my shift per management’s request but that was also declined. I feel I have not been given the opportunity that management has encouraged me to pursue. On September 30, 2009, I was presented by management a letter in reference to a necessary excess from the Walnut Creek bid installation effective December 5, 2009. This letter references that I can be reassigned up to a 200 mile radius. These are the events that I have occurred since I made the decision to return to school to prepare myself for any economic impacts.
I am asking from the management of the Walnut Creek post office to allow me to prepare myself, my children and my life. In the event that the post office presents me with an offer that will not be feasible, I need to protect both the economic interest of myself and my family.
footnote 1: Management stated my request cannot be granted at this time due to needs of the service. However, on September 29, 2009 management re-posted 16 bids of senior clerks in order to add “window duties” to all bids with only mail distribution. Management’s reasoning for adding window duties–not enough work available each day for clerks in my office. But yet, I am told that I cannot be “spared” to attend school.
footnote 2: Although management issued me an excessing notification letter on September 30, 2009, to date I have not received a list of assignments which are available to bid . I have been told that USPS is giving excessed employees only 2-3 weeks to relocate to new assignments over 100 miles away.
CALIFORNIA UNEMPLOYMENT INSURANCE APPEALS BOARD
(909) 987-XXXX
INLAND OFFICE OF APPEALS XXXX Arrow Rt, Bldg 19-A
PO BOX XXXX RANCHO CUCAMONGA CA 91729
GUILLERMO MOJARRO Claimant-Appellant
US POSTAL SERVICE c/o UCEXPRESS
Employer
Case No. XXXXXXX
Issue(s): 1256
Date Appeal Filed: 01/12/2010
EDO: XXXX BYB: 11/01/2009
Date and Place of Hearing(s):
(1) 04/12/2010 Rancho Cucamonga
Parties Appearing:
Claimant, Employer
DECISION
The decision in the above-captioned case appears on the following page(s).
XXXXXXXX XXXXXXXX, Administrative Law Judge
Case No.: XXXXXXX Inland Office of Appeals
CLT/PET: Guillermo Mojarro
Parties Appearing: Claimant. Employer
Parties Appearing by Written Statement: None
ISSUE STATEMENT
The claimant appealed from a determination disqualifying the claimant for unemployment benefits under Unemployment Insurance Code section 1256. The issue in this case is whether the claimant left the most recent employment voluntarily without good cause.
FINDINGS OF FACT
The claimant was employed as a Distribution Clerk. Level VI, for 22 years with the above-named employer earning $52,000 per year when his employee on October 30, 2009 under the following circumstances. The claimant resigned and accepted early retirement.
The claimant has a long, complicated history of grievances with his employer. The relevant portion of that history begins in February of 2007 when he was suspended for inappropriate conduct towards a co-employee. At the end of that brief suspension, the claimant informed the employer that he was not emotionally prepared to return to work. The claimant’s physician verified the claimant was unable to work because of his depression and anxiety. The claimant did not return to work before resigning on October 30, 2009 to accept his early retirement.
In February of 2009n the claimant requested to be returned to work. On March 26, 2009 the employer notified the claimant in writing that he was required to provide “objective and specific medical documentation sufficient to establish that you are able to perform the essential functions of your position, with or without accommodation…” before the employer could return him to employment. In response to this directive the claimant submitted a four-paragraph correspondence from his treating psychiatrist, Dr. Harry G. Lewis. The correspondence detailed the claimant’s condition, diagnosis and prognosis.
At the hearing the employer’s psychiatrist confirmed that this correspondence from Dr. Lewis “technically” satisfied the employer’s request for detailed medical documentation. Despite complying with the request, the employer did not return the claimant to his employment. Instead, it demanded that he submit to examination by the employer’s physicians. The claimant asserted his privacy rights and prevented the employer-appointed psychiatrist from sharing his
opinions with the employer. The employer refused to return the claimant to his position. The impasse was not resolved until the claimant became eligible for early retirement, which he then accepted.
REASON FOR DECISION
In Precedent Decision P-B-37 the appeals board held that in determining whether there has been a voluntary leaving or a discharge under section 1256 of the code it must first be determined who was the moving party in the separation. If the claimant left employment while continuing work was available, the claimant was the moving party. If the employer refused to permit the claimant to continue working, although the claimant was ready, willing and able to do so, the employer was the moving party.
An individual is disqualified for benefits if he or she has been discharged for misconduct connected with his or her most recent work. (Unemployment Insurance Code, section 1256.)
Absence caused by illness does not constitute misconduct. (Precedent Decision P-B-216.)
The department’s determination that the claimant was the moving party in this separation of employment is incorrect. The claimant had been out of work due to a psychiatric condition. The leave from work was approved by the employer. The claimant’s psychiatric issues were resolved according to the claimant’s treating physician, thereby opening the way for him to return to employment. The employer refused to permit the claimant to continue to work since it had not received a medical report from its own physician concerning the claimant’s medical condition. The claimant was ready willing and able to return to employment. Accordingly, the employer’s refusal to return the claimant to employment was the reason the claimant was forced to take early retirement, and thus the employer is the moving party in the separation.
The claimant was not discharged for misconduct connected with his most recent work. The absence from work was due to psychiatric medical condition. The employer approved the leave, and appropriately demanded medical verification that the claimant was capable of returning to his employment. According to the employer-appointed psychiatrist the claimant’s treating psychiatrist’s written release “technically” complied with the employer demand. Nevertheless, the employer refused to return the claimant to work.
The absence from work for a medical condition is not misconduct. The claimant was cleared medically by his own physician to the satisfaction of the employer’s written policy, and should have been returned to work. The employer’s refusal to return the claimant to work may have been for good cause. However, the decision not to return the claimant to his position was for reasons not amounting return the claimant to work may have been for good cause. However, the decision not to return the claimant to his position was for reasons not amounting to misconduct by the claimant. Accordingly, the claimant is not disqualified under code section 1256.
DECISION
The department’s determination is reversed. The claimant is not disqualified under code section 1256. and benefits are payable provided the claimant is otherwise eligible.
It’s a shame to say “your lucky to have a job”, just because we are facing hard economic times.
I’ve been with the postal service for almost twenty three years, and in my opinion, the postal service has lost millions, because of bad management practices, and its only now that it’s trying to clean up it’s act.
When I was on graveyard the only requirement for supervisers was “guts” and/or “ego”, and while there were some good one’s out there, they were out numbered.
I’ve see a lot of people in management making decisions based on “personal interest”,I’ve see favoratism at it’s extreme, racism, genderism, and everything else out there.
I’ve seen hard working employee’s never getting credit for their work, and sometime’s it even seems as if you are punished for having strong work ethnics,
(the harder you work, the more is expected from you), and the fustration of that results from that. Some people just give up and lower there standards.
I’ve worked with people who come up with all sorts of excuses not to do their work, and the supervisers that accept those excuses (especially those who just want to be liked), and of course there are those who only work when some one is looking. Well most of us have seen it all.
Yes, the postal service has lost a lot of revenue because of electronic mail, but I blame the postal service and it’s poor management practices for most of our financial problems because I think we could have weathered the storm better, had we been more prepared for it, and even now when management is trying to shape up, it still has those supervisors, who just can’t seem to cut it. I hear them whine about how hard they work, and while some of them really think they do, they have no idea what hard work really is. When push comes to shove most of them can’t take the heat.
Listen…..The Postal Service, like any other business in the U.S., is in complete turmoil due to not only the state of the economy, but the dramatic loss of volume within our system. It has effected everyone in this organization. And any other company that lost the amount of money that we did last year, would of CLOSED THEIR DOORS, and all the employees would of been S-O-L. We are lucky we are all still employeed at this point.
It’s a shame what is happening to Ms. Jones and thousands like her in our company. But even though she is being ‘Excessed’, she is still going to be employeed and receive a paycheck, even though it could be 50, 100 or 200 miles away. If you want a roof over you head and food on the table, you will do what you have to. Good for her wanting to go back to school and further her education and possibly make a better life for her family. That’s the American Dream, is it not?? But if she thinks she will be able to go out into today’s job market, and find a job that pays better than the P.O., she is SADLY mistaken.
Who is Dr. Expert; your writing skills need to be improved.
What you should ask yourself is, why USPS doesnt bey school tution for their own employees who want to inprove their life and increase their salary, but all the other federal and state egencies do bey shcool tution for their employee to get qualified indivuals with in the egency. but USPS don not.
MS. BROWN
WELCOME TO THE REAL POSTAL SERVICE. WHAT YOU HAVE ENCOUNTER IS WHAT POSTAL WORKERS HAVE GONE THROUGH FOR YEARS. I SUGGEST THAT YOU SUPPLY THIS LETTER TO YOUR LOCAL NEWS PAPER, TELEVISION STATIONS, CONGRESS PERSONS, AND SENATORS; AND BY THE WAY NAME NAMES, AND GET WITNESSES!! IF THEY ARE GOING TO CLOSE STATIONS AND/OR MAKE OTHER CHANGES THAT WILL AFFECT THE PUBLIC, GO PUBLIC!!!!!!
MS. BROWN
WELCOME TO THE REAL POSTAL SERVICE. WHAT YOU HAVE ENCOUNTER IS WHAT POSTAL WORKERS HAVE GONE THROUGH FOR YEARS. I SUGGEST THAT YOU SUPPLY THIS LETTER TO YOUR LOCAL NEWS PAPER, TELEVISION STATIONS,CONGRESS PERSON, AND SENATORS; AND BY THE WAY NAME NAMES, AND GET WITNESSES!! IF THEY ARE GOING TO CLOSE STATIONS AND/OR MAKE OTHER CHANGES THAT WILL AFFECT THE PUBLIC, GO PUBLIC!!!!!!
We are riding on a cusp of enevitable change everybody. Try to remind yourself form time to time that we are not in control of all this; and as the song goes…” in spite of my rage I am still just a rat in a cage…” My advice to all is to cherish every second that is peaceful, love your family and give when you have what is needed by someone else. Peace!!!!!!
Way to go….send out those letters. Sooner or later
if enough letters are sent to politicians, they will
have to look at what is going on.
Thats illegal stupid.
You HAVE a job! Any other position would have just been abolished. In reality, you should have been terminated and a less expensive employee hired if needed somewhere else.
Get a gas credit card with ‘rewards’.
Management, they are really nice folks, sometimes misunderstood but they have good intentions and have your best interest at heart. Just do as your told, mind your business and you`ll be okay. Excuse me while I vomit! LMAO
Management has only proved over and over they care nothing about the craft employees. The ones who do the actual work. If you were in management, the USPS would buy your house and sell it at a loss and give you plenty of time to relocate. But, for a craft employee they don’t take anything into consideration, like uprooting the whole family. The cost of finding somewhere to move, or changing schools, daycare if needed. You might as well be going to another country where you are completely alone. It’s about time management has to “live like a craft employee” to see what the “Real World” is really like. All of management needs to be scrapped and put in some people who know what they are doing, instead of promoting some of the sorriest craft employees and keep moving them up the ladder. The worse you are the higher you go. Look where it’s got us! The USPS is the butt of all jokes!
management does not care about you. management only cares about their own pay check.
contact the area vice president micheal daly he will tell you the same thing!
I sorry to here you’re joining us on the midnioght train to hell owned and operated by the United States Postal Business. There of 21 of us from Watertown MPC waiting to be shipped 70 or better miles from our office on the 31st of October and we don’t know were we are going yet. Good luck to you.