Comments on: MSPB Affirms Firing Of Postal Worker With No Prior Discipline For Irregular Attendance

By: Stephen

Stephen — Sun, 25 Jul 2010 22:48:20 +0000

First I will say that I was a mailhandler steward for many years. When I first read this article I was outraged at the decision. I have learned over the years to calm down and reread things later. I have done this.

The most important of issues is that the appellant failed to let the Board now the contract. This was a simple case to win, yet it ended up a simpler case to loose. The Board has a history of more than 40 years considing postal service collective bargaining contracts as postal regulations and policy. When the union and management enter into an agreement, that is binding on both. See Reed v. Dept. of Transportation, 76MSPR 126, 135(1997) and Bross v. Dept. of Commerce 94 MSPR 662 (2003). So I agree with some of you that this guy may have had it coming, but at the same point this doens’t give a defunked management staff the right to violate a contract that is bound in stone. Discipline is progressive in nature, not punitive. If management sits back and allows 50 unexcused absences, guess what, it is at most a Letter of Warning that can be issued, period.

All the appellant had to do was show where article 16 provides progression and simple have the removal tossed. There is not doubt the the post office will thump their chest and say, “look what we did” and of course try to cite this again and again. I was terminated from the postal service three years ago and have gone through this same ordeal. I won an EEOC decision about two months after the MSPB denied my intial decision. This EEOC ruling found the agency guilty of discrimination and overturned a two week suspension the agency used in my removal. My case in in US district court as a type this under the de nova clause. Yes you have it right, the agency is still contending that they can use a disciminatory action is my removal, go figure.

On another note, when anyone reads the appeal, note under the analysis opinion last paragraph that this appellant didn’t provide any rule, regulation, contract cite,….NOTHING. It isn’t up to the Board to go hunting for information. I just hope this man appeals his case to the Appeals Court in Washington DC which he is entitled to do. If anyone knows this person, he needs to have his attorney/representative look at Marie Gregory vs. United States Postal Service where the Supreme Court unamamously ruled that Gregory was entitled to a new hearing when her Letter of Warning was overturned. The agency agreed with the Court. I cannot find anything of this case so I don’t know of the outcome.

By: R.D. DERAY

R.D. DERAY — Tue, 25 Aug 2009 00:59:50 +0000

I have a problem at work. where as the foreign people don!t have to respect other people ears. what I!m saying isn!t there some kind of ethics violation for speaking there language around others that don!t speak it.I had my Sup. e-mail our Labor Relations about it.They responded by saying 1.P.O. doesn!t have the authority to make them speak english. 2. Some employee!s are paid extra for being bilingiual (ie: window clerks) 3. If the employee wants to know what they are saying learn there language. This piss me off because I!m a Vet and have over 33years of government experience this was never allowed. I thought this is the UNITED STATES POSTAL SERVICE Where everybody is on the same page.Can somebody tell me why I have to learn another language when I speak english.I!m born and raised in the United States. They are just visiting

By: Anonymous

Anonymous — Sat, 01 Aug 2009 15:02:42 +0000

Visit the following link, there is 4 issues, the new amendmented bill, restoring FMLA laws to they way they were, stopping these plant closures, and contracting our mail out… Its very easy the emails are predrafted and sent to your senators or congressmen. Once you fill out one you can have it remember your info and you just click the link “Legislative Alerts and Updates”, or go back, and move onto the next issue. Its will already be filled in. EVERYONE OF THESE BILLS need all of our support. Tell everyone at work and forward it to friends and family. This is very important for all of us. Its time to Unite before we are all on the unemployeement line

http://www.capwiz.com/apwu/issues/?style=D

Its time for a new post master general. Potter is running the PO into the ground. Does anyone know when his term is up or how they go about getting a new one??? He has overstayed his welcome

By: CONCERNED

CONCERNED — Sun, 05 Jul 2009 23:45:08 +0000

Everyone blames management for their own actions which is absurd. The PO is a business and should be run like one trying to serve it’s customers to stay in business. It needs people dedicated to coming to work as scheduled and expect them to work and be productive. Eleven unscheduled absences in 3 months, now who is going to do the job this person is being paid to do? If this were the private sector YES he would be terminated.

By: blueshirt

blueshirt — Thu, 02 Jul 2009 08:47:53 +0000

sick leave is a benefit that was negociated but mgt. doesn’t want you to use it or buy back even a percentage. oh but watch them use it against you in the public arena during contract negociations to show how you are over paid. welcome to the usps, the only job that will try to fire you as soon as they hire you!

By: ..

.. — Mon, 11 May 2009 19:15:30 +0000

This whole nonsense of the sick leave benefit which is contractually negotiated is a fraud and sham. After 32 years of witnessing the dog and pony show, only an idiot can`t see through the hoax. The union needs the sick leave plan to be a constant source of contention to justify endless hours of Union time being dedicated to grieviences based on unscheduled absences aka sick leave. Management (Labor Relations) need the sick leave benefit to be left as is so that it justifies their endless hours of going over step 2 and step 3 grieviences to keep their jobs. Who`s playing the role of the (host) and who`s the (parasite)?

By: bob

bob — Tue, 14 Apr 2009 06:01:06 +0000

foo fub duh. Low me. Suck it.

By: Joe the Plummer

Joe the Plummer — Sun, 12 Apr 2009 09:49:52 +0000

We don’t need unions. They is socialist. And we shouldent have sick leaf either becawse that is socialism two.

By: Big Bad John

Big Bad John — Sun, 12 Apr 2009 06:06:29 +0000

Ugh, supervisor’s who create sentences like that… are one of the biggest problems at the PO. In other words, you don’t seem to be able to write at a junior high school level!

Yes, employees who don’t come to work, and have a history of not coming to work should certainly be looked at for dismissal. If there is no good reason, please show them the door!

However, mismanagement of the Postal Service has allowed this to go on for decades! Useless employees would not be employed, if their inept supervisors did their jobs!

But, as anyone knows who has been employed for longer than a month at the PO… a large majority of supervisors, managers, postmasters are in their jobs because of whom they know, and certainly not because of what they know!

When I started, those jobs went to some of the worst employees on the rolls. But, because they drank with the right people, or went to the track with the right people… Or indeed had sex with the right people, they got the job. I’m sorry to say that not much has changed in my twenty years.

By: Stew Ard

Stew Ard — Sun, 12 Apr 2009 04:17:49 +0000

carolina cutie, file the grievance. Let the Union do their job. It is unfortunate that when one is really sick, they are required to have “acceptable attendance”. Please trust your Union to do right by you. That is what they are paid to do.