ADMINISTRATIVE LAW JUDGE DEALS MAJOR SETBACK TO POSTAL
ATTENDANCE
By Dan Sullivan
more articles by Dan Sullivan
11/24/03
An Administrative Law Judge has ruled the Postal Service violated the
Rehabilitation Act of 1973 when it required a Kalamazoo postal worker
to provide medical documentation certifying she was no threat to herself
or others before she was allowed to return to work after a one-day FMLA
absence.
Linda Miller, a mail processor at the Kalamazoo P&DC had called in sick
on May 31, 2002 because of an FMLA approved depression and anxiety
disorder condition. The attendance boss taking the call-in informed
Miller she was not allowed back to work without medical documentation
certifying she was no threat to herself or others.
The Postal Service rejected the first medical documentation Miller's
doctor provided on June 3, claiming it failed to state she posed no
threat to the workplace. That medical documentation stated Miller "has
never been a threat to herself or others in the past and that is
certainly not suggested in the FMLA forms."
Miller was eventually allowed to return to work on June 10, after her
doctor provided further medical certification to satisfy the Postal
Service's demands.
In his November 18, 2003 decision, Judge Young Kim decided postal
officials had no objective evidence from which to form a "reasonable
belief" that Miller may have posed a direct threat to herself or others
simply because she had an impairment and called in sick.
The Rehabilitation Act requires work-related medical certification to
be "job related and consistent with business necessity." Judge Kim
ruled the Postal Service fell far short of meeting that standard in the
Miller case.
"The only information the attendance monitor had at the time of the
medical inquiry was that the Complainant was suffering from depression
and anxiety and that her condition was covered by FMLA," Judge Kim
wrote in his Summary Judgment in favor of Miller.
"The attendance monitor did not have any objective evidence, other than
the diagnosis itself, from which to draw an inference that the
Complainant may pose a threat to herself or to others. In fact, the
attendance monitor was merely following the Agency's leave policy which
required that when an employee is returning to duty after an absence for
a mental condition, she must submit a physician's certification that she
is fit for duties without hazard to herself or to others. As such,
requiring the Complainant to submit medical certification before being
able to return to work was in violation of the Act because the Agency
did not have a reasonable belief that she posed a direct threat to
herself or to others due to her mental impairment."
A hearing is set for December 5, 2003 to discuss what the recommended
award should be in the case.
Linda K. Miller v. John Potter
EEOC No. 230-2003-04087X
Agency No. 1-J-487-0024-02
see other
articles by Dan Sullivan
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MINORITY REPORT
Dues payers will be singing the blues when presidents meet in St. Louis
By Dan Sullivan
Editor
Southwest Michigan Area Local
In less than two weeks, APWU presidents will gather in
St. Louis for another quarterly exercise in futility called the National
Presidents' Conference. State and local presidents will fly in from all
across the country for a few days of politics and hand-wringing.
APWU President Bill Burrus will sweep down from his sanctuary on Mt.
Olympus and remind the local and state politicians that we must all work
together to save our jobs and that hard times are ahead. He will urge
greater cooperation between all levels of the union. If things go as
they have in the past, he will speak and the presidents will listen.
At the last National Presidents' Conference, Bureaucrat Bill
successfully sold his contract extension to local and state leaders, who
then went back home and sold the sell-out agreement to their members.
Burrus promised the agreement would buy us time, though the question
‘time for what?' was never answered.
This time with President Bush's postal commission ready to hammer postal
workers in July, Burrus will probably try to buy more time by unveiling
a public relations campaign to keep the presidents busy and distracted
from the war postal managers are waging against workers all across the
country and the fact that his administration is doing nothing about it.
Though the union's highest governing body last August mandated that his
administration publicize and lead the opposition to management's
campaign of Postal Attendance Terror, little has been done by the Burrus
administration in the intervening 7 months. A few inches of copy in the
American Postal Worker magazine has been all the leadership effort
national officers have been able to muster.
Meanwhile, workers are getting beat up daily by Postal Attendance
Terrorists, who become bolder all the time, attacking the ill and the
injured, flouting the Americans with Disabilities Act and refusing to
comply with the FMLA law. Employees are being disciplined and harassed
daily by the telephone terrorists and national officers remain largely
silent about the outrage. Union attorneys, who should have long ago been
ordered to court to protect our legal rights, are used for other
matters.
But Postal Attendance Terrorism isn't the only reason rank-and-file dues
payers will be singing the blues all across the country as their leaders
meet in St. Louis next week, hobnobbing with Bureaucrat Bill and other
big shots.
Window clerks are being trounced by Mystery Shoppers and management
spies working undercover to discipline them for not asking questions
like robots from customers purchasing stamps. Not even token resistance
to the program has been offered by the Burrus administration.
Management is threatening wholesale job abolishments and excessing at
offices all across the country as it prepares to implement its ‘closings
and consolidations' plan. The Burrus administration hasn't spoken out
against these plans.
Postal taskmasters are implementing ‘speedups' on automated letter
sorting machines all across the country, staffing two-persons machines
with one employee in violation of long-standing ergonomic agreements and
standards. Not a peep has come out of the Burrus administration.
Management is voiding light duty provisions of local agreements,
refusing to honor its commitment to find 8 hours work a day for ill and
injured employees all across the country.
No outrage has been expressed by the Burrus administration.
The grievance procedure is broken because we can't get grievances to
arbitration for years - and sometimes decades - and the Burrus solution
is to suspend all arbitration hearings while old grievances that
management denied without a fair hearing at steps one and two are once
again reviewed by joint labor-management teams.
Discipline is again the weapon of choice by postal managers all across
the country as they continue to downsize the Postal Service using
management tactics from the 70s.
No wonder workers are singing the blues and wondering what the hell the
national union is doing with our dues money?
It's time for local and state presidents to turn the National
Presidents' Conference into more than a forum for national officers to
politic. It's time for more than excuses when we ask why the membership
and local officers and stewards are getting knocked from pillar to post
in Postmaster General John Potter's war against the workers while our
national leadership watches from the sidelines.
We don't need national officers holding our coats when we step into the
ring. We need them rolling up their sleeves and joining the fight.
Local and state presidents and stewards know we're in a war with
management. They know that local postal managers are carrying out policy
sent down from the boardrooms at L'Enfant Plaza in Washington. The
Postal Service has a national plan. Where's ours?
There are many good and courageous local and state presidents in the
union, men and women like Jim Alexander, John Dirzuis, Gary
Vanhoogstraten, Mickey Elmore, Lance Coles and others too many to name.
Most of them will be in St. Louis. These leaders know the truth. They
know the union membership in the field is under attack like no time
since this union was formed in 1970.
They also know that individual local and state unions cannot defeat the
oppressive policies of Postmaster General John Potter without a
commitment from the president and executive board of this union to join
the fight.
They know that unless we unite to oppose the oppressive policies of
Postmaster General John Potter, we are all lost. Individual efforts at
the local level, no matter how heroic, cannot be expected to defeat the
full weight and might of the Postal Service.
Those of us on the front lines can only hope that when the National
Presidents meet this time they show the political courage to stand up to
the union bureaucrats in Washington and demand in one loud voice that
our leaders finally assume their responsibility as officers of this
union and engage the enemy in Washington, where the attacks across the
country are mapped out by John Potter and his postal anti-labor
relations managers.
The presidents have heard the voices of their members. They should let
President Burrus hear those voices also.
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Let's not destroy the world's greatest mail system
note this story appears in the March 3, 2003
Kalamazoo Gazette |
by Dan Sullivan
2/24/03
With all that's going on in the world and the American economy today,
it's not surprising that most Americans haven't heard that the head of
the Postal Board of Governors thinks it's time to scuttle the
nation's tradition of affordable, universal mail service.
But that's exactly what United States Postal Service Chairman of the
Board David Fineman said in a February 24
Federal Times
interview. According to the Times story, Fineman said it's time to
redefine the meaning of universal mail service.
"‘Can the country afford, and does the country want, delivery to every
house six days a week?' Fineman said. ‘There's an economic downturn, and
we're running a business here. We've got to react to that.'"
‘Redefining universal service' is the euphemism they'll be using when
they speak of privatization and closing your local post office. It has
less of a threatening ring to it than saying they're planning to cut
mail service.
It would be bad enough if the chairman of the board which controls the
Postal Service was simply expressing his own private views. But Fineman
is not alone. Right-wing think tanks like the CATO Institute have long
advocated privatization of the nation's mail system. They don't like
government involvement in a service they believe the private sector
could provide for a profit, and they don't like the unionized makeup of
the Postal Service workforce or the fact that postal workers are allowed
to negotiate over wages and working conditions and settle contract
disputes in arbitration.
Fineman's words may come as balm to hard-right ideologues and fast
buck operators - who for years have longed to get their mitts on some of
the $80 billion a year Postal Service business - but they should alarm
Americans who depend on the security and inexpensive cost of the U.S.
Mail in running their homes and small businesses and keeping in touch
with their loved ones.
Fineman's call for redefining universal service comes hot on the heels
of formation of a partisan Republican Presidential Commission on the
Postal Service. The commission was named by President Bush for the
purpose of examining the Postal Service's role in the future. Given
the makeup of the commission - a stacked deck of Republicans, many with
an ideological aversion to ‘big government' - it's more accurate to
describe it as a stalking horse for privateers who wish to dismantle
universal mail service to every American and turn mail sorting and
delivery over to profit-making entrepreneurs.
That would mean an end to the kind of mail service Americans are used
to, a mail system that delivers more mail than all the rest of the world
combined at the cheapest rates you'll find anywhere. Instead, under a
market-based approach you'd be hard-pressed to find someone willing to
deliver your letter across the country for 37 cents or your packages at
a reasonable rate to your loved ones or customers if they live in the
boondocks or in some of the tougher inner city neighborhoods.
The effects on newspaper and magazine publishers and subscribers would
be equally devastating. The market would determine how much it cost to
deliver a magazine or newspaper to your house, not government regulated
postal rates.
By itself, the President's privatization commission won't have the
authority to replace your friendly letter carrier with the equivalent
of a pizza delivery boy or charge you ‘market-based' postage. It will
take Congressional legislation to deregulate the mail delivery business
and turn it over to for-profit businessmen or in other ways erode
universal mail service to every American.
Which is what the commission will be calling for in late July, when
it's scheduled to issue its final report.
The American Postal Workers Union will be opposing any attempts to
‘redefine' universal mail service and any reductions in service to the
American people. Readers should contact their Senators and people in
Congress urging them to continue to support affordable, 6-day a week
mail service to every American.
Let's not destroy the world's greatest mail system just for the sake of
political ideology and profit.
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COMMISSION A
STALKING HORSE FOR PRIVATEERS
by Dan Sullivan |
In a December 13 statement to its employees, the Postal Service denied
charges that the recently named presidential postal commission has a
pre-ordained agenda to privatize the nation's mail system.
In a story headlined "Misconstrued by the media," postal flacks reported
"the presidential commission on USPS isn't charged with privatizing the
Postal Service."
The report on USPS News Online says the appointment of the commission "is
consistent with — and complementary to — the USPS Transformation Plan," and
quotes Peter Fisher, Under Secretary of the Treasury for Domestic Finance,
as saying, "Our goal is not to privatize the Postal Service."
Yet the Transformation Plan itself questions long held public assumptions
about the need for government sponsored universal mail service and proposes
three possible phases of transformation: incremental operational and
administrative improvement, moderate legislative reform and finally
privatization, or what it euphemistically calls "structural transformation."
The Transformation Plan acknowledges "transformation of a large institution
is likely to take place one step at a time. It is logical, therefore, to
think of these phases as sequential."
The end result is the same, though: privatization.
The Transformation Plan contains an endorsement of President George W.
Bush's Management Agenda for 2002, which it says, "could have been addressed
to the Postal Service."
It quotes from the report: "We must have a Government that thinks
differently, so we need to recruit talented and imaginative people to public
service... We'll establish a meaningful system to measure performance.
Create awards for employees who surpass expectations. Tie pay increases to
results. With a system of rewards and accountability, we can promote a
culture of achievement through the Federal Government."
Bush recently announced plans to transform the federal work force by cutting
it in half and privatizing many government services and operations.
The USPS Transformation Plan echoes the president's attack on the federal
workforce by stating postal labor problems "can be seen as part of a broader
pattern of human capital shortcomings that have eroded mission capabilities
across the federal government."
The Transformation Plan envisions pseudo-collective bargaining similar to
the "Railway Labor Act," which would deny postal workers the right to go to
arbitration when contract talks fail.
The makeup of the president's postal commission is a stacked deck. Its
members are overwhelmingly drawn from the corporate and business world. Its
appointed ‘labor' representative is the president of an organization of New
York prison guards which doesn't belong to the AFL-CIO, who endorsed
Republican George Pataki in last year's gubernatorial race. There is no
consumer advocate on the commission to represent the interests of the
general mailing public.
The commission is a stalking horse for supporters of privatization and
certainly will recommend that Congress curtail bargaining rights currently
enjoyed by postal workers and at least an incremental form of privatization.
The media is getting it right when it says the postal commission is trying
to find ways to privatize the Postal Service. The president's postal
commission is really a postal privatization commission regardless of what
Potter call
it.
‘Prestigious'
or not, PMG Award still looks like chump change
by Dan Sullivan
6/10/02
His co-workers had a good laugh last year
when Gary Fournier told them
he was going to track down the Phoenix, AZ postal clerk who had
mysteriously
vanished the same day that more than $3 million dollars disappeared
from
the registered mail section at the Phoenix General Mail Facility.
The 55-year-old ex-Marine has been with the Postal Service for 18-years,
the last six as a unionized postal police officer in Seattle.
"They all thought I was nuts because I was looking for this guy,"
Fournier says.
The guy he was looking for was Louis Holley, a 28-year postal employee
with sticky fingers and no great aptitude for crime.
Holley had disappeared June 2 with the contents of six pouches of
registered mail containing cash, checks and postal money orders.
Had he
headed south, he could have been out of the country in hours. Instead,
he
went north, intending to lay low for a while before crossing into
Canada.
That was mistake number one.
Holley wandered around for more than two and-a-half months, eluding
Postal Inspectors and federal, state and local police before finally
ending
up in Seattle in early August.
That was mistake number two. He should have never wandered into
Gary
Fournier's neck of the woods.
The Postal Inspection Service had put out wanted posters describing
Holley and his getaway car, a 1995, black Jeep Cherokee with gold
trim. The wanted posters offered up to $50,000 for information leading
to his arrest and conviction.
"I was kinda upset that this guy was a 28-year postal employee and
he stole all this money from us," says Fournier. "Plus, the reward
money looked good."
There had been reports placing Holley in Boise, ID, where he had
purchased the Jeep with cold, hard cash. Seattle is about 500 miles
northwest of Boise, about an 8 or 9-hour drive. Fournier put one
and one together, just like Columbo used to do on TV, and decided
to start looking.
"I just kinda felt like he was here. Everyone thought he was out
of the country, in Canada," Fournier says, "But I felt he was still
here."
So Fournier began prowling motel parking lots in the Seattle area
on his own time, checking vehicle identification numbers on black
Jeep Cherokees to see if they matched the numbers on Holley's getaway
car. He also handed out wanted posters to family and friends and
asked them to be on the lookout for Holley.
No wonder his fellow postal cops found Fournier's off-duty obsession
hilarious. He was looking for a needle in a haystack.
"I live about 40 miles out of the city. Every day on the way home,
I would look for him."
On August 17, stubborness and persistence paid off.
After work that morning, Fournier pulled into a motel parking lot
in Lynwood, Wash., looking for the Black Jeep Cherokee with gold
trim. And there it was.
Fournier verified the plates on the Jeep were registered to a Ford
Escort Holley had purchased in Edmonds, Wash.
Just like Columbo, he had his man.
Fournier parked across the street, called the Postal Inspectors
and then
participated in Holley's arrest. More than $1.8 million in cash
was found in the Jeep Cherokee. Another $800,000 in checks and money
orders was recovered later.
"It was just basic, old-fashioned police work. Just going out and
looking," Fournier says modestly.
Holley was convicted of theft last year and is now serving 41 months
in prison.
Fournier's story should have had a happy ending here. But since
this is also a story about the Postal Service, it doesn't.
Almost a year after capturing Holley, Fournier is still trying to
collect the reward money the Postal Inspection Service offered for
information leading to Holley's arrest and conviction.
After giving Fournier $5,000 in cash last fall and calling it the
Postmaster General's Award, the Postal Service rejected his claim
for the $50,000 reward.
At first he was told his application for the reward wasn't processed
because he had already received the $5,000 cash award.
Fournier asked for reconsideration of his claim and received a May
1 letter from Deputy Chief Postal Inspector K.W. Newman telling
him to forget about getting any more money.
Newman thanked Fournier for his "outstanding efforts" in the Holley
case
and reminded him of the $5,000 Postmaster General's Award, which
he made
sound as important as a Pulitzer or Nobel prize.
"This prestigious award signifies the importance of your role in
this case," Newman wrote.
As for the reward money offered on wanted posters?
"The amount paid for any approved reward claim is dependent on a
number
of factors," Newman explained to Fournier. "The fact that you were
‘not on
the clock' when you discovered Holley's vehicle is not a determinative
factor
with respect to your eligibility to receive a reward .... It has
also been
determined that as a result of your official employment, you had
access to
information concerning this investigation before it had been released
to the
general public."
So thanks, but tough luck, chump.
Fournier has written to Congressmen, Senators, the Postal Board
of
Governors and the Postmaster General himself, Jack Potter, pleading
his case
for the reward money. So far, without any luck.
His story has appeared in the Phoenix daily newspaper, the Arizona
Republic, and on the TV news in Seattle.
But with Holley now behind bars, and no great public outcry, postal
bosses have lost interest in the case.
The Postal Service paid out more than $160 million in bonuses to
bosses
last year who through hard work and diligence managed to lose more
than
$1.5 billion. So maybe postal bureaucrats figure it's squandering
money to
pay a reward to someone for actually saving the Postal Service almost
$2
million dollars.
Of course there is the small matter of honoring your word. The Postal
Inspection Service did offer up to $50,000 for information leading
to the
arrest and conviction of Holley. And Fournier did track him down
on his own
time and bring him in along with almost $2 million in stolen money.
That should count for something more than $5,000, by any standard
of
fairness.
Fournier, more disillusioned than bitter, says, "If something like
this
ever happens again, I would like to think I will still do the right
thing."
Which is more than we can expect from PMG Potter, Chief Postal
Inspector Newman and the rest of the postal bureaucracy.
They can call the Postmaster General's Award prestigious if they
want to.
But it still doesn't make a $5,000 payout on a $50,000 reward offer
anything
more than chump change.
And it still doesn't make it right.
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