Update: EEO Class Action For Postal Employees Placed Under National Reassessment Process

February 3, 2010 by
Filed under: Dept. of Labor, Injured On Duty, nrp, usps 

A class action complaint for injured on duty postal employees was certified by an EEOC Administrative Judge (AJ) on May 30,2008.

In the case of (Read article from February 17, 2009) Sandra McConnell, et al. v. United States Postal Service an AJ decision certified the following class:

All permanent rehabilitation employees and limited duty employees at the U.S. Postal Service who have been subjected to the National Reassessment Process (NRP) from May 5, 2006 to present, allegedly in violation of the Rehabilitation Act of 1973. The AJ certification decision recited evidence that the goal of NRP was to assign work to
employees who had an approved compensable injury as determined by the Department of Labor.

According to the decision, Phase 1 of NRP consisted largely of reviewing the files and medical records of all these employees; where needed requesting updated medical documentation from the employee; and verifying that current work actually being performed matched the current job offer. According to the decision, Phase 2 consisted largely of canvassing facilities to identify work necessary for operations and functions, attempting to match the employee with the necessary work, and if none is found, notifying the employee that no work was available.

Class members argued one or more of the following complaints:

1. NRP is a systemic attempt to abolish reasonable accommodations agency wide.
2. The agency’s alleged facially non-discriminatory policy is being applied in a discriminatory manner.
3. The process constitutes denial(s) of reasonable accommodation.
4. The process constitutes discrimination based on disability (physical/mental).
5. The process constitutes unlawful harassment and hostile work environment based on disability (physical/mental).
6. The agency unlawfully modified or terminated each person’s approved disability accommodations without cause.
7. The agency made its reassignment decisions improperly by, inter alia, failing to engage in the interactive process.
8. The agency applied the program discriminatorily both with regard to each individual and how the process was applied.
9. The agency’s actions are retaliatory for the individual’s protected conduct, in reporting injuries, filing worker’s compensation, and/or prior EEO activity.
10. The agency’s conduct violated its procedures and OWCP’s regulations and blatant failure to follow the agency’s own regulations is presumed to be motivated by retaliation and/or discrimination.

The Postal Service filed an appeal from the certification decision.

Recently EEOC agreed with the AJ’s determination that the class should be defined as all permanent rehabilitation employees and limited duty employees at the agency who have been subjected to the NRP since 2006. Therefore, the EEOC reversed the Postal Service’s order rejecting the class and ordered them to notify potential class members.

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65 Comments on Update: EEO Class Action For Postal Employees Placed Under National Reassessment Process

  1. Marian Reese on Wed, 3rd Feb 2010 5:52 pm
  2. Management withdrew our modified job assignments and stuck us three limited duty carriers in a 9ft by 10ft room, harassing any body that attempts to speak to us. And treats us like we have commited crimes as we are not allowed to walk through the building except to go to the bathroom or breakroom. The NRP is just an attempt to intimidate limited duty employees.

  3. dariel on Fri, 5th Feb 2010 6:34 pm
  4. There are a lot of employees that are taking of advantage of the system. They pretend to be limited duty while at work. Some of these employees are nothing but a burden to the system. In the private industry they would not have a job, so why should they keep a job with postal service? They should all be given a reasonable amount of time if they are not able to returnt to full duty, they should be outsouce to another job.

  5. Wacko on Fri, 5th Feb 2010 11:06 pm
  6. It is about time Justice is served. An Injury to one is an Injury to all. In my humble opinion this was nothing more than an intimidation tactic. A plan to harass and intimidate Postal Employees to not report Injuries or file claims for Compensation for their injuries and diseases caused by their employment. Those of you who think anything different better think twice. You are nothing more that an Automation Job away from a crippling injury that puts you and your families livelihood in jeopardy. Do you think these injured Brothers and Sisters are doing this to scam the system, ask yourself does it make sense to put up with the Bullshit if you were scamming or is the more logical assumption on your part that to put up with as much crap as the injured have endoured at the hands of the sick twisted minds of Postal Management. I tell you these Brother and Sisters are heroes in my mind. They are keeping a system that Management is trying corrupt honest for your protection. If really are about Fraud and Abuse look no further than Elephant Plaza who have palyed a wonderful game of deflection. And while playing that game lost 78 Billion thats Billion dollars which fortunately the OIG found. What is Unconscionable is that the PM General and the CFO and others at the top still have job and are not under Indictment for malfeasance, failure to follow procedures and just general all around stupidity. Anyway, i for one am glad that the EEOC has made what i feel is good decision for Truth and Justice for these poor soles who’s lives have been turned upside down through no fault of their own but because they did what 130 million of us do everyday and that is go to work exspecting to go home in the same condition we arrived in.

  7. Linda on Sat, 6th Feb 2010 11:15 am
  8. Dear Dariel the scammers won’t see the whole process out,they will bail,the truly injured will hang in there.

  9. Laura P. Fort Worth, TX on Sat, 6th Feb 2010 7:28 pm
  10. Dariel, you may think that IOD employees are scamming, but I can tell you that I have had three back surgeries and refuse to let the postal service bully employees into giving up. I’ve seen my share of scammed because it’s funny how many people have miraculously gone back to full duty since NRP began. I’m not one of them. You may feel this way right now, but wait until you are injured, you’ll feel differently!

    Wacko, thank you! You are eloquent in your defense of our brave Brothers and Sisters! You don’t know how much you are appreciated! We had 30 modified cases in our GMF which the Plant Manager ordered destroyed so there would be “no work available” for IOD employees. Shame, shame on management! We can’t do any work that might fall under the perview of a bid and they won’t give us the nessessary work that needs to be done outside of a bid because it’s “make work” and SHOULD be part of a bid. The problem with this is we don’t have enough people, they’re hiring casuals to donthe work WE were doing and it’s still not getting done!

    I’m all for fighting the good fight and loosing, but I could not live with myself if I didn’t fight at all! Solidarity!

    p.s. We’re thinking about getting all of our walkers and wheelchairs out and picketing in front of the plant with signs that say USPS unfair to disabled workers! Talk about getting press! Anyone want to call Channel 4??

  11. AndyP on Sun, 7th Feb 2010 10:39 am
  12. Spoken like a true uninjured manager (?) Dariel. I anxiously await the time (though I won’t see it) when you are in these shoes, or maybe wheelchair, or crutches. Heartless people like you get theirs one way or anoyher, sooner or later. AndyP Yonkers, NY

  13. dockworker on Tue, 9th Feb 2010 7:47 pm
  14. Dariel. It’s coworkers like you that make me sick. You talk so much sh*t about us, of course behind our backs, but to our face you act like you’re our friends (COWARDS) and you laugh and you say we are the lame and lazy, I know I”ve heard it all, yet you have you’re nerve to come to us when you get hurt (and DARIEL I hope you do get hurt ) to say can you help me with my paperwork, what do I do and Management really treats us like sh*t!!! And I.m the dumb A*s who always help people like you, well guess what NOT ANYMORE!! It only takes a second to get hurt so don’t think it can’t happen to YOU!!!!!

  15. nena on Wed, 10th Feb 2010 2:19 am
  16. I feel that the USPS will lose in the long run and I for one will be laughing all the way to the bank . No it not about the money it about justice for all the truly injured workers . That just didn’t running back to full duty because they had a car payment or didn’t want give up their so call life style. As postal worker just know this anybody can do our jobs with no training , so never think your job is save injured or not.
    God Bless Truly Injured Worker Keep Your Head Up!.

  17. becky on Wed, 10th Feb 2010 5:33 pm
  18. My first reassessment meeting was last week, and I was told I had 24 hours to accept of decline, just wondering what the rest of you were told, the union now tells me I had 14 days, but since I accepted and signed under protest the say I may be stuck. I have found out about this class action for Postal Employees Placed Under the NRP…how to I get in contact with someone to get more information?

  19. vicky cheng on Thu, 11th Feb 2010 8:54 pm
  20. NRP employees…why hasn’t this NRP scam to harass injured employees make the news? Why hasn’t the postal workers’ union presidents contacted the media? Auto workers make the news all the time. Anyone – does time on LWOP – continue to get work credit for retirement? Anyone knows what will happen to retirement benefits while on LWOP/OWCP? Anyone dealing with NRP, but on a short work day – does the non-NRP hours stay separate from the NRP process??

  21. Jean on Fri, 12th Feb 2010 7:01 pm
  22. I agree with points from each comment. I am an injured on duty worker and have done everything that was made available to me for work and taken the ridicule from fellow workers while doing it. I also agree that you will soon know the scammers as they are now able to bid jobs that they couldn’t do for years and no questions asked. Who scammed whom here? I will fight this anyway I can and will not give up just because some of you think we should be replaced. When I was escorted from the plant my last words to my fellow workers was, “Do not get hurt.” I just hope all you nay sayers are never in this position. Twenty eight years and counting.

  23. clyde alexander on Wed, 17th Feb 2010 3:50 pm
  24. i have work in the post office for 23 years in san bernardiino, i was injured in 2001 had surgery in 2003 and was given a modified job in 2004. i work for a postal union for 17 years and wasd a local president, and a district vice president as well. when the postals service came to me with this program i told them in 2006 that they were breaking the law and they would have to pay alot of money to a lot of people. please to all of you who are part of this action do not settlle for less get all that you can get when they come to you. remember how they have treated you during this process get the max. this will never happen agaion so take care of your dfamily remember how this affected them as well

  25. clyde alexander on Wed, 17th Feb 2010 5:18 pm
  26. i have rea alott of what is being said and let me say there will be a lot of people that will be not included in this class case , if you did not get it certified then you will be out if you went to your doctor and got your limitation lowered to stay at work you will be in trouble for fraud and if you are faking your condition and and did not realized that you could be under investigation by the postal inspector’s your in trouble

  27. clyde alexander on Wed, 17th Feb 2010 5:25 pm
  28. to you vicky cheng you are not getting credit for anything at he moment in fact your LOWP is growing and if you are getting your pay stub you will see that it is. but if they bring you back to work based on this case make sure you get the max so that you can protect your retirerment, that is if you ar recieving money from OWCP, if you are then you are in the protected group and will be certified for the classaction

  29. clyde alexander on Wed, 17th Feb 2010 5:31 pm
  30. jean you can now put your big red nose and your floppy shose on and clown the hea sayers based on this classsaction case

  31. Joyce C./Kansas City, MO P& DC on Thu, 18th Feb 2010 5:55 am
  32. I am one of those injured employees that have been living on the edge. They have told me they have no work for me a few months ago. I have been fighting DOL for
    surgery for a sciatica pinched nerve. We have appealed twice and they just turn me
    down. My doctor is determined to stand by me. We are one of the plants that still have 030 dept. I work very hard at my job. In pain everyday with drugs. It is just not fair they will not fix me. I sent a copy of my EEO to my congressman & Obama. They have contacted the postal service and I have received letters stating I have a job because of the retirement buyout. I also relieve in the work room office and I have so much work to do my supervisor won’t let me do that job. A few months ago they had no work for me and now they fight over me. (Go figure). I realize this is temporary. Total harrassment from the Postal Service & DOL.

  33. Joyce C./Kansas City, MO P& DC on Thu, 18th Feb 2010 6:38 am
  34. Heads Up!!!!
    I need surgery on my back and my doctor wants to do X-Stop Surgery. DOL sent me to a doctor for a second opinion. The appt. upset me so much I called my doctors office and they suggested I check him out which I did. That doctor had a 9 page court order and had lost his liscense in MO and lied on his application for KS and
    was only allowed to give consultations. DOL did send me to someone else but, this time they sent me to Leavenworth, KS. A really old bank had been turned into a doctors office and the original bank counter was still there. The bathroom was across from the bank vault. The bathroom was painted like a forest with stuff animals all over the place. How could I take this appt serious. Needless to say, I still need surgery and DOL will not approve my doctors request.. PAIN CONTINUES!!!!

  35. barb passage on Thu, 18th Feb 2010 8:08 pm
  36. i want to join the class action lawsuit.can someone email me the info on how i sign up?? i was sent for the nrp process meeting in november..the same month the post office appealed my eeoc discrimination case. i brought with me to the meeting the very same lawyer i used for my eeoc case against them. what this nrp is all about is once again breaking the law. the carrier union should be all over this issue. where are they????

  37. Gary Gibson on Sun, 7th Mar 2010 3:16 pm
  38. as an permantly disabled employee i am interested in finding out how to get more information on this eeo complaint

  39. Tom on Tue, 9th Mar 2010 11:48 am
  40. nena, you feel that the USPS will lose in the long run but in reality they win, all the fakers are going back to full duty. If someone can not work their jobs anymore, why not go to voc rehab and fing something else? The post office is one big eeo payment away from closing the doors and going private, then what will the sick lame and lazy bitch about, free money will be gone and they have no one to blame but themselves.

  41. One Mean IOD Employee on Tue, 9th Mar 2010 8:37 pm
  42. Tom, you feel like there will be nothing left to bitch about after the enevitable privatization process. Well, in reality you’re right on. I shall retire effective immediately following the cashing of one said EEO check. I credit you. Good Bye.

    One Retired SLL

  43. Wayne Norton on Fri, 12th Mar 2010 3:23 pm
  44. At North Houston P&DC they took some of us off our bid (rehab) job and put us in the guard shack most days with out a legal break or lunch. Now they say the positions where abolished due to lack of work. But no one recieved a letter to the fact.

  45. injured @ work on Sat, 13th Mar 2010 9:46 am

  47. Rebecca Smith on Sat, 13th Mar 2010 7:21 pm
  48. I am a letter carrier that was harassed and denied work because of my medical restrictions. I would like to know if and how I can join this class action lawsuit?

  49. Rebecca Smith on Sat, 13th Mar 2010 7:34 pm
  50. Would like to know how to join this lawsuit? Any help would appreciated.

  51. also injured on Sun, 14th Mar 2010 8:11 am
  52. Rebecca Smith, Try contacting (John Mosby) he’s a Lawyer and I think he’s going to do a new Class Action on what they are doing to us in the last month or two due to the NRP… He is the Lawyer who did the Glover Class Action.. Hope this helps..Good Luck!!!

  53. who knows why on Sun, 14th Mar 2010 8:38 am
  54. Can anybody tell me why they are putting employees who were injured @ work out the door? have you noticed the years of seniority most of the people have who were let go? and if they were offered a job it’s for 1 or 2 hours a day only and they tell you to file for OWCP, but they are not paying… and letting those who were not injured @ work stay working and also accommodating their restrictions? Seems to me they have this backwards…they should have put their asses out first, then those with less then 6 years of service according to our contracts, and why in the hell are the casuals still working???? and they are bringing people in on overtime and you also see management doing the work that they say they don’t have for us to do!!!! Is it me or is there something wrong with this picture… YOU ARE ENTITLED TO GO AND COLECT UNEMPLOYMENT… I KNOW THEY ARE NOT TELLING YOU/US THAT, BE WE CAN.. SO GO GET IT… MAKE SURE YOU KEEP A FILE OF EVERY SINGLE PIECE OF PAPER ON THIS NRP BULLSHIT…

  55. Melanie McPeek on Sun, 4th Apr 2010 4:20 pm
  56. I have worked at the Euless post office in Texas for 25 years. I was injured in 1996. Yesterday I was called to my postmasters office and told by two people I have never seen before to clean out my locker and go home.There was no work for me to do. I am the bulk mail clerk, the box section clerk, the business reply and postage due clerk, various other jobs including carrier check in and passports. I have more work than I can ever finish. I was given no warning that I would be sent home. I am a valuable employee but I cannot work mail. My fellow employees were totally shocked! I don’t really know what is ahead , but I’m trying not to let it get me down. I know I worked as hard as I could.

  57. nene retired and happy disability Retirement on Thu, 8th Apr 2010 11:37 pm
  58. To Tom on Tue the postal service is already about to close it’s doors on everyone
    injured or not. I am glad I got out when I did. They had to remove the owcp injured workers because they have to make sure we are taking care of. But they are about to open a can of kick ass on you guys. Even worse than before they never cared about safety . Now they have put fear in U GUYS No one will report an injury even if they lose a finger, That how scared they are now. So good luck to you all I have peace of mind and that is priceless. 23 years and I am free at last ! No more DBCS
    Thank You JESUS

  59. Jeffrey Rocker on Sun, 11th Apr 2010 10:04 am
  60. I just wanted to make a brief comment on the limdu.I have only a half left foot now due, to slipping on steps delivering mail in 2004.At first I lost my big toe then eventually my lesser toes(because the agency made you work beyond your restrictions?)2007 ( I had perm restrict Ca-17)Specifically stated on there “No carrying mail on ambulation!)I was told by management “either carry 2 hours of mail on street or clock-out!”I was allowed 2 hours of intermittent walking per 8 hours(Ca-17)Case was still open with OWCP and I was told my case was closed by management and I could not file for comp.So i filed a EEOC complaint based on violation of the ADA act for disability discrimination.I sat at home for 9 months,lost my home,I have up to date continued to be harassed,and told not to talk to anyone at work.The EEOC judge just recently assumed the case and we are at a bridge of trying to resolve this before the pre-hearing conference scheduled for 4-12-10 .I’m beat-up now 2.5 years later.I can carry 3 hours of mail on foot(which I do)then 2 mounted.Not good enough for them though!Hilly route too.I have one shot at seeing this EEOC judge,or come to a settlement outside of court.They would consider a craft reassignment,but they don’t want to pay me my loss wages for the period I was sent home.I figure thats bare Minn for a settlement for all my family and I have been through .The agency has had it’s fair share of employees who have abused the modified job offers management have created in the past.Thats a fact some still there now milking it,NRP is making it a little more embarrassing and uncomfortable for them to continue “Getting Over!”My observation has been usually these are a class of folks who get hooked -up cause they know someone in management ect. My final point is this though…Under no circumstance does this warrant or merit the actions the agency has negatively impacted on the lives of employees and their families who suffered a on the job injury.we are not looking for welfare,just well care.Not looking to be treated special,just equal.

  61. nene retired and happy disability Retirement on Tue, 20th Apr 2010 2:15 am
  62. What comes around go around I just got word that the postal service is kicking ass now. 45 clerks has gotten letter to become mail carriers you say that good they still have a job. This is at Miami P&DC but check this out they were give new application to fill out that require them to undergo background check , credit checks and others unfair practices. This is the catch if you fail in any of these area you don’t have a JOB!
    I was told 64 clerk in south Florida got letter 4/19/10 this is a way to firer clerk that do meet the new requirements. That your union allowed to be put in place.Now I told you that the USPS was going to open a can of kick ass! This is only the beginning. That have removed injured workers and now the ATTACK is on all workers
    know one is safe even the senior workers.PRIVATIZATION IS NOW UNDERWAY GOOD LUCK TO YOU ALL.!!!!!!!!!

  63. joel mallory on Sun, 25th Apr 2010 8:58 am
  64. My name is Joel Mallory and I am an attorney here in Houston, TX. I have a client that suffered a debilitating back injury as a letter carrier. Recently, he was removed from his limited duty assigment. He now works in a unofficial capacity as “Lobby Director.” The Postal Service attempted to reassign him to as a postal clerk within the installation in violation of his medical restrictions, then he received an excess letter which gave him the option to work a custodial worker outside the installation or face termination. Because of the pending lawsuit against the Postal Service and the Union, further action appears to have been thwarted for now. I am interested in hearing more about these matters and policies. JoelMallory@yahoo.com

  65. MIke Taylor - San Antonio, Texas on Tue, 27th Apr 2010 6:42 am
  66. I am an injured city carrier of almost 30 years. I was injured in 2005 and have been on limited duty until present. Last month I was called into the office and offered a window/clerk bid job and told if I refused the job offer the PO would call DOL and tell them I refused the job. I accepted the job under protest. Now I hear that many window clerks are conferting to city carriers because of the low volume of mail. I do so much work in the office that when I am off for a few days the office get behind. The NRP is telling me there is no work for me in the office, bnut the station manager and supervisors are telling me that they need me there very much. I have 4 more years to go and I am CSRS. I can do that time stading on my head. One guy who was injured for over 10 years all of the sudden bid on a route and is on full duty. This is what makes people like me who are really injured look bad. I have applied for 4 jobs and gotten 2 interviews. Both jobs where givin to females. One of which has had 5 jobs givin to her. She was a PTF clerk and cried about that job so they made her a window clerk. She cried about that jobs and was made a carrier. 3 months later she was moved form this job to I don’t know where. Then all of the sudden she is a supervisor at level 17. Now she got a job that I interviewed for as a level 17. Never made regular and has had 5 jobs now. Here I am an injured employee with an on the job injury and being treated like a dog. I guess I have the wrong body parts. Go figure.

  67. frank p on Wed, 28th Apr 2010 8:46 am
  68. sounds like we need Jimmy Hoffa to replace our so called Union, Louisville slugger might get some attention!!*&^%

  69. injured carrier on Wed, 28th Apr 2010 4:12 pm
  70. I was an injured letter carrier. I was put into a “temporary” limited duty job for 1 1/2 years until the NRP came after me in February of 2008. I was then given a job offer to move to the clerk craft, out of station, out of hours. I accepted this job under protest as I felt this job was not within my limitations and would create additional problems with my injuries. I was told by NRP to take it or leave it. I worked that job for two months. I was given a job sorting flats, but yet my doctor had advised the Postal Service that I could not sort mail as a carrier due to my injuries. The post office said that the doctor was not specific enough in my limitations and that this was the only job available to me within my limitations. The post office NRP people also told me that carriers “case” flats while clerks “sort” flats and that it is not the same job. ???After working this job and aggravating my previous injury (carpel tunnels and tendontitis and rotator cuff syndrome)I went to my doctor and filed a reoccurance. Meanwhile I had lost all my seniority (24 years) and was placed on the bottom of the senority list as a clerk. I was told by NRP if the job was not suitable that I could bid out to any jobs that became available. Try bidding on any job with no seniority and see where that gets you. I was given the last choices for vacation etc. Then the building that I was placed into closed a year later. I was placed into a new building into the mail handler craft and thus begun another period of senority. All because I worked very hard for all those years and my arms and hands are plain worn out. I work as a mail handler in a job that I “sort” mail again and it seems redundant that I couldn’t “sort” mail as a carrier due to my injuries, but I can “sort” mail as a mail handler with no senority on tour 1. Only five and 1/2 more years to a full retirement and I can say adios. I guess I could say I am lucky as I am still working and I hear that a lot of people are sent home “no work available” Hopefully this class action will go forward and those of us who were put into the NRP will see justice, albiet years from now. . For those of you who would like to see the “lame and lazy” get their “just” dues, all I can say is I hope you never have to deal with all the stuff I have had to put up with and that includes pain, operations and harrassment from fellow employees and management alike, The time it takes to “prove” your case for OWCP, etc. The NRP was and is a form of harassment.

  71. mightyisis on Mon, 3rd May 2010 8:48 am
  72. I too am an IOD employee who’s seen the stupidity and ineptness of management and supervisors as they’ve taken a personnel matter and turned into an criminal matter. As stated by many others, those employees who are “trying to scam” will go back to regular duty under pressure. I’d venture to believe that some employees who are truly injured will be too intimidated to pursue their claims. We have an administrative judge (EEOC) here in Memphis who totally dismissed our complaint even though we raised virtually the exact same issues in our filing.

  73. to all our fellow co-workers on Wed, 5th May 2010 7:26 pm
  74. who talk shit still at work along with management I hope you know this is Harassment and it’s hard to work in a hostile work environment. “SHAME ON YOU” Save your FAKE SMILES don’t want/need them, Stop acting like you CARE and asking PERSONAL questions, it’s none of your FUCKEN business you’re just a nosey bastard and I HOPE YOUR STUPID ASS GETS HURT TOO, I’VE DELT WITH CO-WORKERS LIKE YOU ALREADY, AND WHEN YOU DO I HOPE YOUR IN ALOT OF PAIN AND YOU DON’T KNOW HOW TO DO YOUR PAPERWORK OR WHERE TO GO, GUESS WHAT!!! WE AREN’T GOING HELP YOUR DUMB ASS, SO DON’T ASK!! GO TO HELL … JERK

  75. triplette on Thu, 20th May 2010 9:47 am
  76. thomas sullivan, rochester, new york, are the attorneys for mcconnell v potter nrp class action contact: egraham@the employment attorney’s.com for info. per firm usps will give firm list of all employees to be considered in this particular class action this summer, this info given me march 2010, and may have changed.

  77. TRIPLETTE on Wed, 2nd Jun 2010 12:38 pm

  79. Anita Sarkar on Mon, 28th Jun 2010 2:14 pm
  80. I would like to have a class action form sent to me.at 23 Kelly Pkwy 2nd fl Bayonne N J 07002

  81. Pat Ryan on Tue, 29th Jun 2010 9:11 am
  82. I recently wrote to National EEO in Tampa regarding my case which was added to the McConnell class action. I just received a letter from them saying that the decision whether or not to certify the McConnell case is pending with the EEOC. I thought this case was already certified, am I wrong?

  83. james a. hartz sr. on Wed, 30th Jun 2010 1:52 pm
  84. mr. graham, i am an employee in pittsburgh pa. who is a letter carrier who has been on limited duty off and on since 1982 and i would like to be included in the class action suit i have been off of work since july of 2008 because of an accident while driving for the usps. i don`t think the usps put my name in because i am not working right now.will you please tell me what to do to get into the class action suit. thank you

  85. Tes on Wed, 30th Jun 2010 6:20 pm
  86. Some people that aren’t injured still just do nothing.

  87. Tami on Thu, 1st Jul 2010 4:53 am
  88. I am a 23 year carrier employee at North Houston, or I was until yesterday. I was called in and told you are going home because of the NRP process. I am a permanent rehab employee and I have been working in the Claims & Inquiry/Loose in the Mails unit for the last 6 years. I run that unit! They gave me 30 minutes to clear out. They had my 3971’s filled out and told me to go. My unit is an accountable unit. I deal with money, gift cards, jewelry, gold, silver, money orders, etc. In other words very, very valuable stuff. They didn’t do an official audit or anything. My name is all over everything. They left one person in the unit and she doesn’t know what to do. I was on the phone with her, walking her through the process of getting on to the computer. I care about my customers and it is sad that the people I was working with, will get an automatic message that I am out of the office. This is terrible!!!!!!!

  89. charles marigny on Thu, 1st Jul 2010 12:52 pm
  90. First of all I would like to make a comment to Dariel. if you can put yourself in one of these folks position you would not make such rash comment. true there are a lot of folks that have had a miraculous recovery, even some where I work at. you put the truly innocent in a awkward position. we did not ask to get injured. when a multi million dollar organization skimps on safety and funds at the cost of the employee that’s who should be out sourced. they have ruined people’s lively hood you can never be the same again I know I can’t. I have what you call a Quadriceps tendon repair. meaning that my Quadriceps muscle was torn completely away from the knee, try living with that for the rest of your live. Oh by the way if I as much as re-injure my leg again I can kiss it good bye. so give the legit injured a break, you sound like some of the management.

  91. charles marigny on Thu, 1st Jul 2010 1:18 pm
  92. To Mike Taylor of San Antonio my name is Charles Marigny also of San Antonio. I feel you my brother. San Antonio is by far one of the worse in trying to get what is suppose to be done right. and I would agree with your comment I see it everyday here. I work in the MVS craft. talk about being one sided. you try and extend yourself to make a better shot at it but all you get is a beat down. look at the glass house some of the people there were injured on duty make red badge and s–t on the others going through this NRP process. these are some of the same ones that I do believe are on the NPR Team. now that’s a joke in itself. god help us all we sure need it.

  93. nene on Sun, 4th Jul 2010 6:33 pm
  94. Tami they don’t care about the customers all they care about is getting off the clock.
    I was sent home in 2009 and all the jobs I was performing still exist. All that is important to the USPS is getting the injured workers off the roll or return you to full duty which ever one come first. If you can’t return to full duty you need to file disability retirement HHSC before the USPS separate you from the roll this will happen in one year from the day they sent you home. Unless you are able to work full duty you be allowed to return to work.They don’t care about you or the job you were doing. I hope your medical history is current and your case is still open. Because OWCP will not pay you benefits. Also make sure you file your EEO good lucky. I have retired under disability retirement but I am still receiving worker comp. God Bless

  95. john heidenreich on Tue, 6th Jul 2010 12:36 pm
  96. I am one of limited duty postal employee had a weight restriction of 10lbs on right arm because I was diagnoses as having ulnar nerve entrapment. My accident happened back in 2005.had surgey done in 2006. carried the mail after returning to work under weight restictions for 3 years under a agreement with the 2 previous postmasters at the office i work at,and the current OIC.2009 I was informed I was being taken off of the street because of my weight restictions,told by the oic that they determined the mail was to heavy for me to continue.Like many of you I was placed in the post office in the corner where nobody was allowed to talk to me .I had to do basically clerk work thus freeing up the 1 clerk who was the OIC snitch tattle tale what ever we called her she could do no wrong,so she could perform or fill out reports for the OIC and all she had to do was sign her name to them. I was harrased continuosly by the OIC just about everyday.Finally we were read a letter the entire office about limited duty employees and how I would have to report to work for a hour or so and then turn around and go back home than report the next day for the same thing.I had my doctor lift my restrictions 06-23-10 went back to work carryin the mail where I am still being harrased by the OIC about how long it is taking me to get my route done.I hope something good comes out of this.

  97. john heidenreich on Tue, 6th Jul 2010 12:41 pm
  98. I would also like to know what I have to do to get in on this (lawsuit) or case to If I have to contact somebody involved with this ,whatever needs to be done I will be glad to do it.

  99. Danielle Bethune on Tue, 6th Jul 2010 3:37 pm
  100. I would first like to say…I hope this class action suit does go through!! I have been with the USPS for 13 years.. and in 13 years I have only been hurt twice..The first time was 10/26/2007..At that time I was a collection driver also a safety captain. I was delivering mail to the VA building and one of the clerks threw a door over my foot (the way the system is set up you have to call up for someone to come get the mail..problem is the phone is on the side of the door)..It took her and a FEDEX driver(male), to get the steel door off my foot!! I then called my station..which was the beginning of my nightmare. NO ONE (as it was lunchtime) picked up the phone..which is a safety violation in itself. I had to drive 3 miles back to my station in a 2 ton!! As I was never injured before I went back to my station to alert my supervisor’s and get a CA1..(I should have went straight to the ER) I went to their doctor..Because it was a weekend(Friday night) I had to wait to get XRay’s because my foot, by then, was so swollen..THEIR doctor did no XRAY’S. The hospital would have..I then contacted my union that Monday and let them know I was using my doctor. Bad choice..My doctor did not want to see me until I got a claim number because he stated OWCP does not like to pay. I finally get a claim number, all the while I was in pain and on crutches. I was then in December forced to come back to work. My station let OWCP know there was work available. I had to take public transportation because I couldn’t drive..They didn’t care..By then, because it was getting colder, the pain was intense. In January of 2008 I found out I was pregnant..Once I found out (OF COURSE), my doctor stopped all physical therapy until after I had the baby. I then went into premature labot at work, therefore I was told to stay home. After I had the baby I returned to work after 12 weeks. I WAS STILL on OWCP..though after going out b4 having the baby I was not receiving OWCP because I was out because of pregnancy. Once I returned to work that’s when all hell broke loose!! People were talking ish ( THE 1’s who were never hurt) and management began harassing me! Everyday it was something else. I lost my collection route. I was forced to bid on another route ( wait I thought you weren’t supposed to if you were limited duty). My restrictions were 2 hours delivering (porches and steps) the rest driving. This is what I was doing anyway as a collection driver!!! Then on New Year’s Eve of 2008 into 2009..My foot completely swelled up on my left side. I was told because 1 foot was favoring the other by my doctor. I then asked my supervisors what I should do(Let me add, I FINISHED MY 2 HOURS AND BOTH COLLECTIONS while it felt like shards of glass were in my feet). They called my manager, (who was on vacation). They asked if I wanted to go the ER. I told them I would get some rest since we were off on New Year’s. They (management) said, “Fine”. The day after I came back to work and was told by management, “Don’t return until you are full duty”. Okay.. I then begin filing my OWCP claim as a reoccurence only to be denied..reason for denail…This wasn’t a reoccurence..management told them I was collecting unemployment while I was out because I was pregnant..WTF does this have to do with my injury!!! I went 4 months with NO PAY!!!! I had to file bankruptcy, I almost lost my house and all!! I had to appeal my hearing..OWCP sent me a check and told me to send it back becuase they had no documentation..BLAH BLAH BLAH!! If I was faking..I would have given up along time ago!! I had to get on Welfare..something I have never done in my life..My husband’s job was outsourced at the same time this all happened!! So for the F*CKTARD’S that say we deserve what we get..SCREW YOU!! I hope you get hurt so you can send your kids to bed hungry at night!! Thank God, I found an atoorney to handle my OWCP case who charges you after you get paid.. In September of 2009, once again I was forced off a route and told I was an unassigned regular because the medical unit didn’t receive my burris letter.BTW..On 10/22/2009 I tore my rotator cuff and more should and neck nerves were overstretched because of carrying mail for all of these years..I have been out of work since then. The only reason why they don’t f*ck with me now, is because I have a federal worker’s compensation attorney. I have since won my route back and I am still waiting to get my back pay for the 4 months I was illegally put off the clock. I have to have surgery on my foot and I am waiting for the appeal with that as well.

  101. Donita Marie on Tue, 6th Jul 2010 10:45 pm
  102. Technicalities blocked my claim. I was told my chiropractor’s medical information could not be used because an x-ray was not taken within 3 days of the injury. This rule is dated because chiropractors do not even have to take x-rays anymore, which mine does not. When I said I would gladly get an x-ray the reviewer said after 3 days it is too late. My family physician, surgeon and psychiatrist drew a line from my reccurrence to my injury, but because their medical presentations did not conform perfectly to the rules, the medical information was totally disregarded. Further evidence from my physical therapist and occupational therapist were thrown out as well because they were not MD’s. Six qualified expert’s medical charts were not even considered because of meaningless technical rules that are designed to disqualify claimants. Whether I was injured, had a reccurrence, or was disabled, never became an issue. Rules simply stopped any consideration of the medical facts and my condition. Before this experience I was comforted by having insurance. Since, I have learned that accessing it was made impossible for me.

  103. derob on Wed, 7th Jul 2010 7:11 am
  104. i was injuried in 2000, 2005, 2008 due to the fact that the postal service don’t care about you when you are hurt, they will harrass you, talk about you even lie on you. as long as you can carrier mail ten hours a day you are the best person in the world. but as soon as you get hurt delivering their mail, and can’t work, they will turn their back on you, harrass you, and turn your so call friends, and union against you. put you in a corner and let some of the customers harrass you, can’t take breaks with other employees, tell other employees not to talk to you. and if you are looking for help from your union, its a waste of time. because as long as management let the union rep. do what they please, they will not represent a injuried letter carrier. but the lord knows a true heart, and at the end of the day god will take care of each situation. so what ever you are trying to do about your injury, have faith and god will do the rest.

  105. Bev on Sun, 11th Jul 2010 10:14 am
  106. I was a rural Carrier for 17 years and with the USPS for a total of 24 years. For all of you who say what the USPS did to us was okay I will just say one thing….you obviously have never been injured for which you should be very thankful!! I was forced, against my better judgement, to deliver mail literally in a hurricane. When you are required to go out under such dangerous conditions, (everyone was told to stay off the roads unless it was an emergency) and are subsequently injured because you followed orders I believe any company should be responsible for making sure you can still earn a living! I never asked for a free ride however,I did ask almost daily for something productive to do. I was treated like a crook for following orders and being hurt in the process. When I was sent home under NRP I was a very productive member of our facility (my PMs boss finally made him give me work to do) I am still told how much I am missed! So all of you who think crappy treatment of dedicated employees is okay can KISS MY @&& and never forget that you could be next!!!!

  107. nene on Mon, 12th Jul 2010 10:21 pm
  108. Danielle Bethune on Tu You have not work for the postal as long as a lot of injured workers. You are just starting at 13 years I did not have an injury neither but the longer you work for the USPS the injuries will come. You are still a baby in the postal office talk to me when you put some really time in 20 plus or better. The postal service will make sure you leave with back problems or shoulder problems or even mental problems just keep working . You haven’t even begun to work when the USPS go private that when the real work began . If you think 13years is seniority you will find out when you have relocate to another state. So just shut up and hope that they don’t cripple you for life .

  109. Audrey C. Austin on Thu, 15th Jul 2010 10:40 am
  110. I am a disabled vet that has worked for the federal government for over 21 years. I was injured in the post office in 1999 in Athens, Ga. That same year I was reassigned to a post office closer to my home due to permanent restriction for lifting, pushing, pulling and driving. It took one person to go into my file and started confussion. It is not my fault that my finance number was not changed in 9 years. When I went to the union I was told by the president that I was the first one to be reassessed from my place of employment. When I told him I was a disabled vet his reply was, “it doesn’t matter.” Other employees as well as myself, think it is wrong and that our privacy is violated when anyone in management can go into our personnel files. Once in our files they can easily change anything they want. The union was no help in this matter and I hope that this class action will help the employees that were done wrong.

  111. Alvin C. Hicks, Jr. on Wed, 11th Aug 2010 5:10 pm
  112. Was stationed in Arlington, Va., was in the/NRP program and was never even notified. Everyone knows the USPS maintains a ‘MEDIEVAL’ type working conditions in its, especially ‘outer-facilities’. No ‘truely’ LIFTING fork lift(s) (just ground level) and there should be ‘spring-lift’ bottoms in all of the APC units to provide repetative lifting ‘help’ like the ‘old’ bungy- canvas hampers. I requested this over and over. Normal’ accomodation(s), never the less for ‘aging’ or dissabilities. Forever refused. Plus management refused to simply, continuousely, ‘deal’ with certain, usually the ‘overtime-obsessed’, always trashing the office, then ‘abusing’ employees like me to due even more ‘bending-stooping-lifting’ duties on ‘top’ of the usual duties instead of properly ‘dealing’ with the ‘blatent’ insubordinates properly and processing THEM for termination. I was, by a 204B Trainee Supervisor, physically and sexually assaulted on approx. 21MAY07 and reported it to the manager who refused to take corrective action against the supervisor. I already knew about the ‘prohibition’ on filing ‘on-the-job-injuries’ and did not do it ‘right-away’, and probably would have not if the manger/supervisor did not ‘blatently’ lie about it, so I did (fill out the ‘CA’ USDL-OWCP form(s) for both the injury(s) and the mental damage done by the ‘stress’ of it all (explained) The same managers unlawfully ordered me of the premisses on 25MAY07 and commenced to process me thru two abitrations and terminated me totally illegally. The Ex-Postmaster bald faced lied to the arbitrators about my/ the ‘PRB’ ‘issue’, saying I was ‘insisting’ I could not do the job (mailhandler) after years of requesting the above explained ‘normal’, never the less ‘aging’ accommodation(s) detailed above. The ‘reason’, af course (real reason) was because they were ‘protecting’ the 204B trainee supervisor. Everyone ‘involved’ was African American. I am a ‘Half-Breed’ Caucasion/American-Indian. The supervisor who assaulted/sexually assaulted me still has his ‘protected’ NRP position as an African American, enjoying doing Craft work at level 16 pay like he has for over a decade now, while I am jobless, homeless, broke, a can not find gainfull employment as an honorably decorated US military vetern of just under ten years, and just ‘up-to’ the detailed here, ALL honorable service with the USPS for just under 19 years. Need an attorney (pro-bono, contingency) ASAP. The USPS management simply refused to even process the ‘CA’ forms and fired me , illegally. I suffer from ‘ongoing’ severe clinical depression without medical coverage to ‘help’ after this, and can no ‘further’ deal with this criminal activity I am a victim of. I desparately need an attorney as detailed. PLEASE HELP. Have an EEOC complaint in ‘Appeal’ status as of 08OCT08, an need the ‘age discrimination’ issue detailed filed in the US District Court. Been searching everywhere and no ‘pro-bono/contingency’ one((s) are ‘available’.

  113. Alvin C. Hicks, Jr. on Wed, 11th Aug 2010 5:21 pm
  114. Please excuse the spelling. Something with this website graphics input section, can’t ‘see’ right side proper. needs fixed. Am requesting help here though. My lifes work to ‘get where I was’ with my humble mailhandler career has been literally stolen from me, totally wrongfully. I was 50 on 25MAY’07 with a totally ‘clean’ record, on and off duty. These criminals in charge in the USPS should be ‘fired’ in shame, not me. I ‘commited’ no crime here. They did.

  115. Alvin C. Hicks, Jr. on Wed, 11th Aug 2010 5:22 pm

  117. Alvin Hicks on Sat, 14th Aug 2010 12:16 pm
  118. I overheard management on several occasions insisting they wanted to higher up the illegal aliens to do all of the work the craft workers do at minimum wage. Somethin’ else. Why don’t we just replace them as well with illegal aliens at minimum wage?!?!? That’ll fix everything at the USPS. You know, with this sort of ‘attitude’towards people/each other, it’s know wonder this country’s economy remains in the toilet for so long, stinkin’ up the planet. No wonder. And how come these managers can’t manage more than one office?? And these Postmaster’s more than one city or county, while they are constantly harassing/badgering craft employees to do more actual WORK than they can perform without injury??? Why can not we expect the same of them?? (management) REALLY good question, is it not?? Let’s get the managers/supervisor’s/postmaster’s to do more and more ‘managing’ until they finally ‘crack’, and then make them ‘prove’ they have ‘cracked’ under the pressure at their own expense, then fire them for filing an ‘on-the-job-injury’ report form. Yeah!!! Then make them file EEO after EEO conmplaint and refuse them their EEO rights into oblivion. That would be FAIR and EQUAL. Would it NOT??? Who dissagrees?? Fair is fair.

  119. matty demeo on Tue, 17th Aug 2010 7:55 pm
  120. my dear fellow injured workers. I was not only fired for my on the job injury but went to jail!! I won my case with a eeo, but 3 yrs later they told me there is no work. all the work I was doing is now being done by managers. I have not been back to work since 12/7/2009, and had to get unemployment. I am still fighting the dept of labor for my pay. the postal service is sick and I know this would never, never go on in private businesses. we all should get our union to do a march in front of the post office. the papers and news would eat this up. why are we not doing anything about this!!!people need to know whats going on!!!

  121. goldheart on Sun, 29th Aug 2010 3:35 pm
  122. if all of youon this site use your writing skills to contact the congress you will get a better response than asking each other for answers, where there are many there is power.

  123. Danielle Bethune on Mon, 30th Aug 2010 3:06 pm
  124. @Nene..First off…All the disrespect..screw you!! Don’t tell me ish about the Postal Service until you can speak English!!Who gives a rat *ss if you worked 3 years, 13 years, or 30 years!!! HURT IS HURT!!! Prior to me working this job, I was healthy!! So what the hell does that have to do with if I worked there 30 years or not!! Are you in management to make such stupid, insensitive *ss comments…I am in college finishing out my degree so I will no longer have to keep using my body…before I can’t walk anymore…You sound like you need to return back to school!! Furthermore…How do you end your last letter with God Bless…then turn around in talk disrespectful!! I thank God you are not an OWCP claims examiner!!! For everyone else…I wish you all luck on your claims and I hope you never have to endure such disrespect from a fellow co-worker!! WTF does me working 13 years have to do with OWCP not wanting to pay!! Thank Goodness I already had an attorney from my last injury..otherwise…I would be screwed like most of my co-workers now!! Karma is a B*TCH…nene..so watch your Karma and the words you use out of your feeble minded mouth!!

  125. Danielle Bethune on Mon, 30th Aug 2010 3:09 pm
  126. @Goldheart…you are absolutely right!! The first time I was put off the clock..I wrote to my Congressman along with my Union Steward…not only did I return to work..I was paid ALL of my backpay from six months…on top of the Unemployment benefits that I was entitled too!! Words on the web…mean nothing if they are not heard or seen by the people that are supposed to see them!!

  127. Helen on Tue, 31st Aug 2010 11:04 am
  128. I am to an injured employee since 2007. I was given permanent modified accomodations. NRP came in effect here in El Paso Tx for me on 18 Aug 2010. My permanent accomodations was taken away, which I worked 8 hours a day as a modified clerk. I was given 8 hrs on monday and 6 hrs for the other days and owcp pay for the 2. I truely beleive that a wrong does’t make a right and god will fix what it takes to make it right, no matter how long it takes. I was treated like crap since the nrp came into affect and management doesn’t care. I hope and pray everyone thats making all these desicions that are wrong end up in a position the same as we. I hope the lawsuit helps also. I am stuck and I really don’t know what to do now. My union has filed a grievence, but you can’t do an eeo and grievence for the same thing. There are no lawyers I have found here in El Paso. I hope a lawyer see this and e-mail me. God Bless all injured employees that we will be ok.

  129. marglo on Sat, 11th Sep 2010 8:33 pm
  130. I’ve had 3 knee injuries in the past 18 yrs. Have 2 knee surgeries and will a knee replacement, my rotator cuffs are worn and torn, had 2 rotator cuff surgeries on same shoulder and still not any better, my carpal tunnel has returned. Had knee surgery in june of 2009, 5 weeks later had the rotator cuff surgery, 3 weeks later the manager called me told be I needed to be back at work, went back to work on limited duty, honestly was overworked being on limited duty. On 06/25/10 some one from OIG came in, the supervisor, my union steward and myself all sat in the conference room. OIG gave instruction to supervisor and supervisor relayed instructions to me even though we were all in the same room. They wanted me to sign a form 2499, according to my restrictions, doctor stated that I could work full duty but only case for 2 hrs. and deliver for 2 hrs, with no weight restrictions. They wanted me to sign the 2499 in which I would agree to work from 7 am to 11 am. That is only 4 hrs. of work the other 4 hours I would have to either take sick leave, annual leave,LWOP or file a CA-7a. The man stated that I had 10 minutes to agree or decline to sign the form. I stated I will not sign form 2499 until I speak to the union district representative, because my union stewart had no knowledge of what was going on. Unable to contact the rep. left a message only. Told them that I would not sign, man said ” you”re not signing meaning yor”re not accepting the job offer”? I said “I’m not signing not because I’m refusing the job offer but because I do not understand the form 2499, and I will not sign a legal form without representation”. The man said ” Well you can sign this form and challenge it later”. I could not help but smirk at his statement and said “sorry but I will not sign”. The man picked up the phone, called his superior then hung up. In front of me, instructed the supervisor to give me a leave slip, and several other forms and stated that I would be clocked out at 10:30 and I could not come back from 06/25/10 until 07/03/10; the mans’ last statement was ” okay ma’am we will come back with a different proposition; and so I clocked out, went home pretty distressed, I e-mailed my state senators, my state represented with the information. Not sure, what transpired in between, but the next morning my supervisor text me at 4:30 am, it said come to work and report at 7 am. I arrived at 7 am ask the supervisor what my duties were for the day, he stated “they want you to stay in the swing room all day”, I said “Okay” as I turned around to walk to the swing room the supervisor said “never mind just do what you normally do”. Went back to the doctor my restrictions were fully duty and only deliver 2 hrs. Well they have me casing 5 to 7 hours, delivering express then deliver 2 hrs of mail. Since both my shoulders hurt, and I have to case with both hands if I have to case above my shoulder. I’ve been thinking should I hurt in both shoulders by casing all these hours, or hurt on one shoulder by delivering by whole route. Well, I called the doctor told him to release me to complete full duty, because I’, tired of having pain on both shoulders,might as well have pain on only one.Filed and EEO complaint for disability discrimination, should I use an EEO union stewart are get an attorney?