MSPB to Hear Oral Arguments in NRP Appeals On December 13th
Filed under: mspb, nrp, postal, postal news, press releases, usps
On Tuesday, December 13, 2011, MSPB will hear oral arguments in the matters of James C. Latham v. U.S. Postal Service, MSPB Docket Number DA-0353-10-0408-I-1; Ruby N. Turner v. U.S. Postal Service, MSPB Docket Number SF-0353-10-0329-I-1; Arleather Reaves v. U.S. Postal Service, MSPB Docket Number CH-0353-10-0823-I-1; Cynthia E. Lundy v. U.S. Postal Service, MSPB Docket Number AT-0353-11-0369-I-1; and Marcella Albright v. U.S. Postal Service, MSPB Docket Number DC-0752-11-0196-I-1 (Latham et al.). The proceedings will take place at 10:00 a.m. at the United States Court of Appeals for the Federal Circuit, Room 201, 717 Madison Place, N.W., Washington, D.C. See 76 FR 73691, November 29, 2011.
Latham et al. raise the following legal issues: (1) May a denial of restoration be “arbitrary and capricious” within the meaning of 5 C.F.R. § 353.304(c) solely for being in violation of the U.S. Postal Service’s own internal rules; and (2) what is the extent of the agency’s restoration obligation under its own internal rules, i.e., under what circumstances do the agency’s rules require it to offer a given task to a given partially recovered employee as modified work? The Board requested and received an advisory opinion from the Office of Personnel Management (OPM) in this matter. See 5 U.S.C. § 1204(e)(1)(A). The Board also invited and received amicus curiae briefs. See 76 FR 44373, July 25, 2011.
The parties and the two amici curiae who asked to participate in oral argument will be allotted time to present oral argument in this matter. The briefs submitted by the parties and the amici curiae, as well as OPM’s advisory opinion, are available for viewing on MSPB’s website at http://www.mspb.gov/oralarguments/. The MSPB will also make a recording of the oral argument available on its website. The public is welcome to attend this hearing for the sole purpose of observation. Persons with disabilities who require reasonable accommodation to participate in this event should direct the request to the MSPB Director of Equal Employment Opportunity at (202) 254-4405 and V/TDD users should call via relay. All requests should be made at least one week in advance.
This is the third time that MSPB has conducted an oral argument in the past 15 months after not hearing oral arguments for over 20 years. The MSPB continues to utilize oral argument in appeals like Latham et al. that present issues of special significance because of their broad potential impact on the Federal civil service and merit systems.
The U.S. Merit Systems Protection Board (MSPB) is an independent, quasi‐judicial agency that protects Federal merit systems and the rights of individuals within those systems. The MSPB also conducts studies of the civil service and other merit systems in the Executive Branch.
source: Merit System Protection Board
An Adverse Ruling In EEOC Class Action NRP Case Could Have A ‘Material Impact’ On USPS
As PostalReporter.com noted earlier, USPS ended its National Reassessment Process (NRP) January 31, 2011. The statement by USPS below may be the reason it has quietly abandoned the program. Read more
USPS Ends National Reassessment Process (NRP) For Injured On Duty Postal Employees
From PostalReporter.com reader: National Reassessment Process is Dead! Finally! The attached notice is all we’re going to get? Note that the phrase “adequate work” has replaced NRP’s “necessary work.” This is consistent with ELM 546. The MSPB picked up on that.
As PostalReporter.com reported several months ago, USPS is referring to NRP as ELM 546.
Here is the text of USPS notice:
July 1, 2011
AREA VICE PRESIDENTS
SUBJECT: Modified Assignment Process for Limited Duty and Rehabilitation Employees
The reassessment of Limited Duty and Rehabilitation employees, referred to as the National Reassessment Process (NRP), concluded on January 31, 2011.
Assignment of Limited Duty and Rehabilitation employees will continue to be made in compliance with Employee and Labor Relations Manual (ELM) Section 546, Handbook EL 505, all applicable federal laws and regulations, and our collective bargaining agreements. And the attached Guidelines for Assignment should be used when trying to identify adequate work for limited duty and rehabilitation employees.
As questions arise, managers and supervisors should work closely with Health and Resource Management, Labor Relations, the Human Resources Manager, and the Law Department in order to clarify the issues presented and to ensure compliance with both Postal Service and federal regulations.
We will appreciate your support and assistance to ensure these guidelines are met.
Deborah Giannoni-Jackson
Vice President
Employee Resource Management
USPS National Reassessment Process (NRP) Notice
Postal Workers Sent Home Or Hours Reduced Under USPS NRP Can Apply For Unemployment
Injured employees who undergo the National Reassessment Process (NRP) and are told by the Postal Service either that there is only partial-day work available or that there is no work available, should consider applying for unemployment compensation. This temporary financial assistance can serve as an important monetary bridge during the time that an employee is waiting for his or her OWCP compensation to be processed.
This program is formally known as the Unemployment Compensation for Federal Employee’s Program, and is administered by the states under separate agreements with the U.S. Secretary of Labor. A Postal Service employee’s entitlement to this benefit is determined by each state’s employment security laws and varies according to the individual state rules and the employee’s wage and separation history.
An injured employee whose work hours have been reduced or eliminated by the NRP should ask the Postal Service to provide them with a Form SF 8, Notice to Former Employee About Unemployment Insurance. Don’t be misled by the phrase “former employee.” The SF 8 is also used for current employees who have had their work hours reduced or eliminated. The complete instructions can be found in Chapter 550, “Unemployment Compensation,” of the Employee and Labor Relations Manual.
Health and Resource Management personnel at Postal Service headquarters have assured us that the SF 8 will be made available to injured employees who receive “Partial Day Work” or “Complete Day No Work” letters. However, the employee must ask for the form. It will not be provided automatically.
Injured employees who are provided work on an intermittent basis are issued an SF 8 only for the first time in each calendar year when they are placed in a non-pay status. However, an SF 8 is issued each time to any employee who is, or will be, placed in a non-pay status for seven or more consecutive calendar days.
To facilitate the processing of a claim for unemployment compensation, an employee should take with them the SF 8; the most recent SF 50, Notification of Personnel Action; their Social Security card; W-2 form, and a recent pay stub showing earnings and leave balance.
OWCP will pay injured employees wage loss compensation even if they are receiving unemployment compensation. OWCP does not consider this situation to be a prohibited dual payment. However, virtually every state’s unemployment compensation regulations do consider this to be a dual payment, and would expect to be reimbursed for the unemployment compensation that was paid during the same period that a person received OWCP wage loss compensation.
note: Any Postal Employee can apply for unemployment if: “An individual whose work or tours of duty are on an intermittent basis is issued an SF 8 only the first time in each calendar year that he or she is placed in a nonpay status. [e.g. suspension of more than 7 days, PTF hours reduced..]
source: American Postal Workers Union
links provided by PostalReporter.com
USPS Seeks Supplier To Conduct All Non-Work Related Medical Exams
From the Federal Business Opportunities website:
The United States Postal Service (USPS) is pursuing a National Agreement with a Supplier(s) that has or is capable of developing a comprehensive Medical Provider Organization for conducting all non-work related medical examinations for the USPS. Postal Service offices are located in each of the 50 states plus Puerto Rico. Examinations and testing may be required in or around every city in the country.
This program will support the following USPS Internal Business Partner’s (IBP’s): Health and Resource Management (Occupational Health Services), U.S. Postal Inspection Service, Office of Inspector General, and Corporate Personnel Management.
The medical examinations include but are not limited to:
Pre-employment physical examinations for law enforcement applicants (Postal Inspectors, OIG Agents, and Postal Police Officers).
- Mandated law enforcement periodic physical examinations
- Specialty examinations for Forensic Laboratory Services and Technical Services personnel and Firing Range Instructors
- Health examinations for Postal Executives
- Focused Examinations for hiring suitability
- Fitness for Duty Examinations requested by the IBPs
- Fitness for Duty Examinations requested by Health and Resource Management for OWCP cases
- Threat Assessments (Emergency Fitness for Duty)
- FMLA Second and Third Opinions
- Return to work clearance exams
- Safe Driver program examinations
- National Reassessment Program examinations
- Specialty laboratory examinations and treatments
- Any other specific IBP medical examinations required
The majority of these examinations will require board certified specialists including psychiatrists, psychologists, orthopaedic surgeons, neurosurgeons, neurologists, physical medicine specialists, occupational medicine specialists, ophthalmologists, otolaryngologists, etc. The physician administering the examination is prohibited from establishing any future medical/professional relationship once the examination has been scheduled. The sole purpose of the examining physician is to administer the examination and to record the findings.
Response Date: Aug 27, 2010 11:59 pm Eastern
Union Urges Affected Postal Workers To Complete NRP Questionnaire
APWU Web News Article 068-2010, July 15, 2010
To strengthen the fight against the Postal Service’s harsh National Reassessment Program (NRP), the APWU is encouraging limited-duty and permanent-rehabilitation employees to complete a questionnaire sponsored by a law firm that has filed a class-action complaint against the USPS. The complaint alleges that the NRP discriminates against disabled employees.
The NRP, which was initiated nationwide in 2006, “is part of an aggressive campaign by the Postal Service to reduce costs by denying work to injured employees,” said APWU President William Burrus. “The union has fought the program every step of the way,” he said.
The program has wreaked havoc on affected workers, said Human Relations Director Sue Carney. “Thousands of light-duty and permanent-rehabilitation employees have felt its effects through mandatory NRP interviews or work-status meetings.
“Some received new full-day or partial-day job offers; some were told no work was available; others had their existing job offers renewed, while still more have only experienced Phase 1 of the NRP process. Many more are anxiously awaiting a determination,” she said.
USPS Notifies Members of the ‘Class’
An administrative judge for the Equal Employment Opportunities Commission (EEOC) certified the class-action complaint on May 30, 2008, in the case of Sandra McConnell et al v. United States Postal Service [PDF], which alleges that the USPS discriminated against injured workers on the basis of disability when it implemented the NRP. The complaint charges that the NRP fails to provide reasonable accommodation; creates a hostile work environment; wrongfully discloses medical information, and has an adverse impact on disabled workers.
After certifying the case as a “class action,” the judge ordered the Postal Service to notify all potential class members of the complaint. The USPS did so in letters dated July 1, 2010, which it sent to limited-duty and permanent rehabilitation employees. The letter said that workers are members of the class if they “are or were a permanent rehabilitation or limited duty employee of the Postal Service who was subjected to the NRP between May 5, 2006, and the present.”
The APWU encourages all current and former rehab and limited-duty employees who were subjected to any portion of the NRP to complete the questionnaire, whether or not they received a notice from the USPS that they may be members of the “class.” This will help ensure that the attorneys representing the workers are aware of all potential class members — including those that may have been overlooked by the Postal Service, Carney said.
Legal Rights
In accordance with the judge’s order, the USPS letters also notified employees of their legal rights. Potential class members were advised that they are not required to take any action at this time in order to remain a part of the class, or to preserve their right to make a future claim. The notice says that if the administrative judge rules that the Postal Service discriminated against them, they will be notified and given the opportunity to seek any and all remedies provided by law.
The case will determine the rights of class members; any decision will be binding. The EEOC does not allow class members to “opt out” of the class or to choose not to be bound by the decision in the case. If McConnell, the lead complainant, and the USPS choose to settle the case, all class members would be notified of the terms and given an opportunity to object or challenge the settlement.
The parties are currently engaged in the discovery process. Once this process is complete, the administrative judge will set a trial date. The APWU continues to communicate with the lead attorneys and will keep our members apprised of developments as warranted. In the interim, Carney encouraged members to check the NRP Class Action Web site for updates.
Vigorous Protests
In addition to supporting the class-action complaint, the APWU has vigorously protested the program in other forums, she said. “We have filed three Step 4 disputes through the grievance-arbitration procedure , and provided extensive guidance to union members and local and state organizations about how best to fight these attacks.
In addition to pursuing remedies through the Collective Bargaining Agreement, the union has provided information to union members on how to seek justice through OWCP (Office of Workers Compensation), ECAB (Employee Compensation Appeals Board) MSPB (Merit Systems Protection Board), and EEOC, as well as how to file claims for Unemployment Compensation.