MSPB Finds Constructive Suspension and Disability Discrimination in USPS Return-to-Work Dispute

The appellant, a Window Clerk, left work on December 15, 2016, after suffering an anxiety attack that triggered an asthma attack. On January 12, 2017, his psychologist contacted the agency, stating that the appellant’s episode was psychological in nature and that he had sufficiently recovered to return to work with no restrictions. He reported to…

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Federal Circuit affirms MSPB decision in USPS firing of forklift operator

Summary of MSPB Case Decision in Nagle v. USPS No. 22-1306 (Fed. Cir. July 7, 2022) (PH-0752-20-0313-I-2) The agency removed Mr. Nagle on charges of failure to comply with leave procedures, failure to follow instructions set forth in the pre-disciplinary interview letter, and 75 instances of AWOL. On appeal to the Board, the administrative judge…

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USPS Operations Policy for Juneteenth Holiday

This memorandum provides general operating policy and holiday planning guidance for the upcoming 2022 Juneteenth Day Holiday (observed on Monday June 20, 2022). Service levels for this holiday are displayed in Exhibit 125.22 in the Postal Operations Manual (POM). Juneteenth is a non-widely observed holiday, which means that many businesses are open and producing outgoing…

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Arbitrator enforces USPS compliance in prior APWU Lead Clerk TACS settlements

Award The Service violated the National Agreement when it failed to comply with the September 5, 2018 Step 4 Settlement Agreement and the September 9, 2021 Settlement Agreement. Accordingly, the Arbitrator issues the following: Remedy 1) The Service is ordered to comply with the National Agreement, specifically, the September 5, 2018 Step 4 Settlement Agreement…

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Circuit Court Clarifies Employer Burdens in USPS Religious Accommodation Case

By Cozen O’Connor – June 6, 2022 Religious accommodation cases continue to vex employers. Especially since the rise of COVID-19, employers have had to face a rising tide of employee claims that their religious beliefs entitle them to an exemption from otherwise applicable workplace rules. Employers have been put in the uncomfortable position of having…

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DOL updates FMLA guidance on Mental Health, Job-Protected Leave

News Release – May 25, 2022 US DEPARTMENT OF LABOR PUBLISHES UPDATED FAMILY AND MEDICAL LEAVE ACT GUIDANCE ON MENTAL HEALTH, JOB-PROTECTED LEAVE FOR WORKERS, EMPLOYERS Law allows leave for mental health treatment for individuals, family members WASHINGTON – The National Institute of Health estimates that nearly one in five U.S. adults – or about…

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NPMHU: USPS to Cease Operations of COVID Command Center

May 3, 2022 During the last 2 years the NPMHU and the USPS negotiated a series of MOUs to address COVID-19 and the impact that it had on all postal employees. These MOUs included the following: SLDC-Childcare Additional MHA Leave Temporary MHA Exception Periods Transfer MOU-COVID-19 Step 3/Arbitration Extensions A Liberal Leave Policy was also…

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USPS OIG Report: Overtime Administration System

Background The U.S. Postal Service uses overtime to provide flexibility and meet its operational requirements. To aid in efficiently managing overtime, the Postal Service implemented the Overtime Administration System (OT Admin) – a web-based application intended to assist managers and supervisors in administering and tracking overtime for craft employees while ensuring consistency with appropriate collective…

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