This a quite a lengthy case so I will try to summarize it with key points:
The Postal Service was found to have unlawfully discriminated against Michigan Letter Carrier Barbara Passage on the basis of disability, sex, retaliation for EEO activity in the terms and condition of her employment. Additionally,USPS managers/supervisors failed to reasonably accomodate Passage under the Rehabilitation Act. EEOC ruled that USPS failed to show it could accomodating her would cause a hardship.
The claims raised by Passage:
On June 22, 2007, her FMLA was denied;
On July 9, 2007,she was issued a letter of warning;
On July 18, 2007, she was issued a 7-Day Suspension;
On August 4, 2007, she was harassed and her 3996 was disapproved;
On August 7, 2007, she was harassed about her field and office time and her 3996 and 1571 disapproved;
On Septmeber 11, 2007, she was issued a letter of warning;
On or about November 20,2007, her attendance records was illegally changed, her FMLA hours were “exhausted and her FMLA protection terminted;
On December 11, 2007, she was given a pre-discplinary interview;
On December 26,2007, she received a letter of warning charging her with Irregular Attendance;
On or about January 16,2008, she was denied FMLA
The Postal Service’s Associate Area Medical Director retaliated against Passage for EEO activity under the Rehabiliation Act in providing instructions to the FMLA Coordinator for the purpose of denying her FMLA coverage. The Area Medical Director also provided instructions as to treatment of Passage regarding her leave request and medical certifications.
USPS manager/supervisors also retaliated against Passage for EEO activity; not providing her with assistance in delivering mail and by disciplining her for returning from route with undelivered mail when they did not do so for a male employee.
The USPS Area Medical Doctor contacted Passage’s doctor after receiving her FMLA certification in 2007. The USPS doctor told her doctor that the requested time off was too much and it could not be approved. She also inquired whether the Passage was a malinerer and honest. Passage’s doctor explained that Passage was not a malinerer but suffered from a condition that required time off. Since the Area Medical doctor told Passage’s doctor that she would not get the requested time off, he changed the medical certification to what the Area Doctor suggested.
During the hearing the FMLA Coordinator for USPS, Michigan District admitted that the “Agency policy is to challenge any certification for absences that allow an employee to take off work a great deal.” The EEOC administrative judge wrote,” This policy shows that the Agency is not complying with the Rehabilitiation Act because it is not accessing each employee’s need for absences on an individualized basis but simply challenges all requests for absences that it feels are general too many.
EEO set the remedy for this discrimination should be in part is to pay passage $50,000 in compensatory damages and separate attorney costs/fees.
This case is not settled as USPS was expected to challenge this decision.
hi there
i have been looking for information on a shooting that happened in grand rapids back in 1990-1991…it happened on national street nw, grand rapids michigan 49504…i lived at 115 national street NW and the man lived right next door…i witnessed this shooting it was quite a drawn out situation with the police lasted for many hours…
….a mailman was shot by a resident for not delivering the mans social security check….have any info on this shooting ?
I have a letter from Greg Bell APWU Business Agent concerning Medical Documentation Requests for absences of 3 day or less dated 8-27-07. And a response letter from John Dockins USPS Manager Of Contract Administration (APWU) 9-10-07, in which he does NOT dispute APWU’S postition that requests for Medical Documation for 3 Days Or Less, CANNOT be requested UNLESS the employee is on RESTRICTED SICK LEAVE! Medical Documentation also cannot be requested in cases of ALLEGED charges of ABUSE OF SICK LEAVE and EXCESSIVE USE OF SICK LEAVE.
These letters can be used by NALC and Mail Handlers and other crafts in cases since all USPS employees are covered by the same ELM Attendence Regulations.
For a copy. e-mail me at Vendelavee@aol.com
Well there is no doubt we work for a dictatorship.
In St Clair shores we have a new OIC who they brought in from a different state,because you know there wasn’t possibly any qualified canidates here in Michigan. Instead they pay 3x as much to cover moving and relocating expenses.
I myself am expierencing something very very similar to this article,unfortunately ive been served an LCA….At the moment after becoming very ill 2 weeks ago i am facing removal AGAIN! Even though i had my documentation that unless the type of cohearsion that happen to barbra happens to me should be approved. They had 2 supervisors and our OIC in the office to team up on me…Informing me i have no right to speak,further fueling this gang of thugs with thier fear and intimidation techniques.Our union at the moment seems as scared of our new OIC as everyone else , so its kind of a roll of the dice evrytime in that office. During my sitdown with the gang our OIC midway through the discussion pulls the steward into his seperate office to speak with her,effectly leaving 2 supervors against me…at which time i asked if i could ask a question concerning a matter in which had me in the office to begin with.she replied NO. After asking 3x if I could please ask a question i was told i would be written up for disobeying a direct order….this is what were up against people and there no sign of it slowing with our economic poistion.
You do know what they say though “those who do not learn from history are doomed to repeat it” you would think that a company with such a morbid past with shooting and such that they would try to not make the same mistakes as before.
Appparently not, as each day passes at our office it seems the tension further thickens and thickens…
after reading this article it just confirmed my thoughts that this company is hell bent on breaking down employees who they see fit and using thier disabilities against…what was that lawyers name again? I wonder if he’ll make it to this side of time…since i’m looking for a good one. Good luck Barbara I hope things soon start to change for you and justice is served and delivered!
JOSE—-CALL MY ATTORNEY GLENN L. SMITH IN GRAND RAPIDS MICHIGAN. YOURE GETTING THE RUN AROUND FROM THE POST OFFICE. DONT LET THEM GET AWAY WITH THIS.YOU NEED HIS ADVICE BECAUSE BEFORE YOU KNOW IT MANAGEMENT WILL BE TRYING TO FIRE YOU FOR ATTENDANCE OR ANYTHING THEY CAN RATHER THAN APPROVE YOUR FMLA. THIS IS ILLEGAL WHAT THEYRE DOING TO YOU. GLENN TAKES EEOC CASES ALL THE WAY TO COURT. FROM WHAT YOURE SAYING YOU HAVE A STRONG CASE OF DISCRIMINATION BASED ON A PHYSICAL DISABILITY AND THE DENIAL OF REASONABLE ACCOMODATION.BOTH ARE ILLEGAL. WHAT ARE YOU GOING TO DO ABOUT IT ??????
Wow! I am also struggling with the f.m.l.a. and resonable acomodations request. I was hospitalized on february 26,27 and submitted my f.m.l.a. papers to carnel wade. i was told they were received on march 05,10. I had to file an e.e.o.c. complaint before they answered in may 20,10 and they only approved for a few days only. My doctor put in a request that i only work from 4-5 hours a day until 5/29/10. Supervisor denied my request and told me that it had nothing to do with f.m.l.a. and that it was a request for light duty. I told her no because under f.m.l.a. i was allowed to use leave intermittenly for ongoing medical treatment for a disability. The harrassment has not stopped once i filed an e.e.o.c. formal complaint with the e.e.o.c.My life is a wreck because for years i’ve been subjected to discrimination because i have M.S./disability.
good job everyone for posting your information and support. Its very helpful. There are alot of smart craft employees who dont usually share their wisdom, instead, just bide their time. We do need to rely on one another to navigate our daily lives at the post office, it will make our lives alot easier. Its unbelievable to me that when an employee needs to be out sick, or to care for a family member, if that isnt enough harm to your body and mind…but then you must recover, regroup and face the challenge of returning to work with un needed dr’s visits for “notes”, abusive attitudes from your supervisors, then a trip or two, or several to your union office, than gather all necessary information for a grievance or more….adjust your budgets because you probably wont get paid for time off until its settled….etc etc. IS it any wonder people usually dont get much better causing additional time off? It snow balls, not only for the employee, but the situation with our employer. You can be an outstanding employee, a great team player, a hard worker, a problem solver, a “mind your own business kind of guy”…but it boils down to your attendance records, show me a 3972 with a flaw and I’ll show you a worthless piece of “****”. what an incredible deteriorating mentality…thanks BARBERA AND GUPPY for your wise and experienced input!
THATS THE PROBLEM WHEN THOSE CLOWNS HAVE YOUR PHONE NUMBER—I WONT GIVE THEM MINE.IF SHE MADE YOU GO TO THE DOCTOR AND GET A NOTE FOR 3 DAYS OR LESS —–I D DEMAND THAT THE POST OFFICE PAY FOR IT. FILE A GRIEVANCE AND STICK TO YOUR GUNS. HAVE THE STEWARD SHOW YOU THE ELM WHERE IT SAYS DOCUMENTATION FOR 3 DAYS OR LESS. UNTIL THE UNIONS START BACKING THE CARRIERS ON ISSUES THAT ARE CLEARLY IN OUR NATIONAL AGREEMENT–WERE ALL GONNA GET SCREWED. A CRIME AGAINST ONE IS A CRIME AGAINST ALL. THESE SUPERVISORS FEEL THEY DONT HAVE TO ANSWER TO ANYONE ANYMORE. ITS ABOUT TIME THEY DID.
Way to go Ms. Passage. Keep on fighting these bastards. They are some egomanicial bunch of people. I was feeling sick yesterday and I put in a sick leave for Monday. The beatch called me at home and told me that I couldn’t take a sick day 2 days in advance. I had called my sub and everything was good until she called. She said I had to go to the doctor and get a note! I said that I didn’t think so and she demande that I do that!
FMLA is a joke and the new changes create a shield for abuse and violation of patient privacy.
Scheduled sick leave is every postal employee’s right. Look under F-21, Time and Attendance and the related ELM cites.
Three ways to do it:
1: Schedule 24 hours or more in advance and it’s more than reasonable, and should hold up before an ALJ or arbitrator. The union might have to fight it a few times, but it’s an easy winner as long as the employee provides documentation (doctor’s note, self-certification should also work; “I felt my body was growing weak from all of the mandatory overtime, and after vomiting three times and sharting out my intestine, I decided 72 hours of rest was needed. I now feel ready and able to work.”).
2: For sudden illness, call in 72 hours and only the first day can be counted as unscheduled. If you call in early enough to allow the supervise to provide coverage and there is no demonstrable cost to the Service, such as overtime usage, there is no just cause in holding it against you as long.
3: Have your Union file a class-action grievance over the issue and if management tries to steam-roll F-21, call the NLRB and file unfair labor charges.
If your local has a good relationship with management, schedule a labor-management meeting over the issue as well.
Good job Ms. Passage. Thanks for standing up for your and everyone else’s rights.
SOUNDS LIKE YOU HAVE A CHRONIC CONDITION. CALL THE DEPARTMENT OF LABOR AND GET A COPY OF THEIR FMLA BOOKLET—-OR YOU CAN VIEW IT ONLINE. IF NEED BE—GO TO YOUR DOCTOR MORE THAN ONCE A YEAR.MAYBE TWICE A YEAR. I PUT MY ATTORNEYS NAME AND CITY IN THIS BLOG. CALL HIM FOR A FREE CONSULTATION. HE KNOWS EVERYTHING ABOUT FMLA. ITS ILLEGAL TO DENY A PERSON FMLA COVERAGE FOR A LEGITIMATE CASE. THERES NO SUCH THING AS ”’NOT SERIOUS ENOUGH”’. THE FMLA OFFICES ARE INSTRUCTED TO DENY CASES IN ORDER TO CURTAIL SICK LEAVE ,LWOP,OR ANNUAL LEAVE IN LIEU OF SICK LEAVE. THIS IS A NATIONAL DIRECTIVE. AND INCIDENTALLY—-THEY GET BONUS INCENTIVES FOR DOING SO. THEY WILL SAY THERES NO BONUSES ANYMORE. THEY CALL THEM PAY FOR PERFORMANCE NOWADAYS. A ROSE BY ANY OTHER NAME IS STILL A ROSE. MAKE THAT CALL !!!!
For nine years I’ve had fmla coverage for arthritis in my hands and feet. Last year it was decided by my local representive that my doctor”s response is not enough! Fmal was denied as not serious enough. She told me when asked about the denial, that my doctor is not seeing me more than once during the year and to continue fmla it had to be at least every six months..
My doctor told me the only thing he can offer me is medication and repetitious meetings during the year will do no good.
Now I’ve taken time off because of the pain(sick leave) and management is starting to bother me because I exceeded a 3 day limit in a quarter. What can I do?
OK ,way too many questions, but do you at least think they should fire potter?
DONT ASK LOADED QUESTIONS LIKE THAT
what exactly is a FMLA Coordinator? what is there job? what is qualifies them for that job? I thought these people came from craft and now all of the sudden think they are Dr’s and always want to over rule what the Dr’s say. Do they go to medical school on their days off? ha ha lol… thanks, PS GOOD LUCK! and they also need to start with FIREING PMG POTTER!!!!
NO IT WASNT HER. BUT THIS IS GOING ON ALL ACROSS THE COUNTRY BECAUSE THE POST OFFICE KEEPS GETTING AWAY WITH IT. WHO DO YOU KNOW THAT EVER TOOK THEM TO COURT ???
Was the Postal FMLA Coordinator Debra Anne Treamer? I remember going round and round with her quite often. I always figured the law would catch up with her sooner or later.
RICK—NOTICE THE ADVERTISEMENT ON THE HOME PAGE OF POSTAL REPORTER.COM FOR ATTORNEYS. SPECIFICALLY GLENN L. SMITH. HE KNOWS THE POST OFFICE INSIDE OUT,, HE WORKED FOR THEM AS AN ATTORNEY FOR 13 YEARS. HE WON MY CASE AND YOU WONT FIND A BETTER LAWYER TO REPRESENT YOU AGAINST THE POST OFFICE.
This happened to me as well. I got a letter from district sent to my place of employment that said I had met my threshold of 3 days absence. I was called in for an interview and issued a letter of warning. My union challenged it, but the union local PRESIDENT upheld it even though later an arbitrator ruled NO this is not allowable, it should have went back to a grievance with the arbitrators decision, but it didnt!! Why? because the local president was in violation of unfair labor practice herself. She is retired and collecting our dues. I agree with the previous post, management does not regard the collective bargaining agreement as a valid constitution of law, you have to file EEO, get an attorney, etc. I am in the process of searching should the need arise again and to hell with the flim flam scams of local unions, I have never recieved fair representation ONCE from our local, even though I have shown credible grievance complaints!! I am wiser now and will document each and every form, conversation, action, compliant and govern myself accordingly….but my question is..why in the world does employment within this agency have to be so damed politically abusive? It is a deterent to a good working moral, productivity, and good business practice, its a dysfunctional organization with no professional application. Its a self destructive agency which every insider knows just why it is failing, but everyone is holding on until the ship goes down because no one is able to stop it!
HELLO VINCENT——A 3996 IS A FORM FOR AUXILLARY ASSISTANCE,, OR TO INFORM MANAGEMENT OF THE NEED TO WORK OVERTIME IF YOU CANNOT COMPLETE YOUR ROUTE IN 8 HOURS. A 1571 IS THE FORM YOU FILL OUT TO DOCUMENT ANY CURTAILED MAIL FOR THE DAY. NEITHER HAS ANYTHING TO DO WITH THE FMLA ISSUES. MANAGEMENT WAS HARRASSING ME ANY WAY THEY POSSIBLY COULD IN AN EFFORT TO FIRE ME OR MAKE ME QUIT. THEY GANGED UP ON ME DAILY AND THREW DISCIPLINE AT ME REPEATEDLY TRYING TO BREAK ME DOWN. I SUGGEST ANYONE EXPERIENCING THESE SAME TYPES OF TREATMENT FILE AN EEO COMPLAINT AND CALL A LAWYER AND SEND A MESSAGE TO THE POST OFFICE THAT CARRIERS WILL NOT BE TOLERATING THIS TYPE OF TREATMENT. ITS ILLEGAL.
The artical in Postal reporter regarding blanket policy to challenge postal employees with to much FMLA leave, what are forms…3996 and 1571
Thank yu
thats exactly what i did heywood.even after the agency got notification of my pending legal action they still kept trying to fire me for attendance.they dont think workers will take these cases all the way to court. they were wrong. so then they just all stuck together and lied their way through the trial. problem was that the judge saw through them. i had documented and saved each and every paper from the first day. when my chief steward wouldnt back down or be intimidated by management—they came after him and kept throwing discipline at him in an effort to fire him as well. hes using my attorney—glenn smith in grand rapids, michigan. i guess the post office feels they are above the law.
Your best bet and safest route to insuring your FMLA rights under the (Law) is to bypass the Union process all together and get a good Lawyer that knows Federal Law and workers rights, have them send the Postal Service Labor Relations Director notification on their corporate Letterhead that they in fact are representing you in this matter. They don`t give a sweet rats ass about dealing with Union Rep`s but a letter from a high powered law firm gets their attention quickly.
Unfortunately, this is normal behavior for management. They know that no matter what discriminatory, illegal, or criminal acts they pursue against their employees they will be protected from any kind of corrective action. The Postal Service does not monitor or hold thier managers to any rules or even their own regulations, they ‘TURN THEM LOOSE” on their employees. Essentially, they hate their own employees and make their lives miserable at any opportunity.
For anyone out there who is psychotic, violent, off balance, or holds a grudge against humanity; postqal management is the place to work as no matter what illegal, unethical, discriminatory act you feel like perpetuating on an employee when you wake up in the morning, the Postal Service will support and protect you.
As evidence, I present the fact that the Postal Service decided that the Violence in the Workplace Agreement, forged after the Royal Oak shootings, did NOT apply to them, and went to court to fight it. Presumably, their supervisors were allowed to intimidate and assault any employees as they saw fit.
Nothing will ever change if management is NEVER held accountable . How has the alleged Voice of the Employee survey never asked the employees how they feel about that?
To: lsw on Wed, 19th May 2010
You might want to consider spelling lessons!
This “summary” cannot even begin to tell the whole story. Every management official that testified in this case was called “not credible” by the judge, except the district medical officer, who was called “dishonest”. But the supervisors who cost the post office a half million dollars in wasted time with their perjury are still doing the same things to other carriers, and will continue to do so as long as there are a majority of carriers who fail to fight back.
Incompetent management thugs.
Unfortunately, this is normal behavior for management. They know that no matter what discriminatory, illegal, or criminal acts they pursue against their employees they will be protected from any kind of corrective action. The Postal Service does not monitor or hold thier managers to any rules or even their own regulations, they ‘TURN THEM LOOSE” on their employees. Essentially, they hate their own employees and make their lives miserable at any opportunity.
For anyone out there who is psychotic, violent, off balance, or holds a grudge against humanity; postqal management is the place to work as no matter what illegal, unethical, discriminatory act you feel like perpetuating on an employee when you wake up in the morning, the Postal Service will support and protect you.
As evidence, I present the fact that the Postal Service decided that the Violence in the Workplace Agreement, forged after the Royal Oak shootings, did NOT apply to them, and went to court to fight it. Presumably, their supervisors were allowed to intimidate and assault any employees as they saw fit.
Nothing will ever change if management is NEVER held accountable . How has the alleged Voice of the Employee survey never asked the employees how they feel about that?
Try some grammer lessons