Potential Participants in Class-Action Settlement Should Exercise Caution, APWU Warns

Decision Due by June 19

Web News Article #: 117-14

eeoc-logo5June 13, 2014 – APWU members who are potential participants in the settlement of a class-action discrimination case against the Postal Service must make a decision by June 19, but they should exercise caution in doing so, warns Human Relations Director Sue Carney.

The Equal Employment Opportunity Commission (EEOC) recently approved a $17.25 million settlement of the case, Pittman v. Donahoe, which charged the USPS with violating the Rehabilitation Act of 1973. The Postal Service restricted the duty hours – including overtime – of employees with disabilities who occupied permanent rehabilitation assignments from March 24, 2000, through Dec. 31, 2012, in violation of the law, the complaint charged. Many APWU members are among the estimated 41,000 potential class members of current and former postal employees.

Human Relations Director Sue Carney

Human Relations Director Sue Carney

Class members should have received a Claim and Release form that must be returned by June 19 in order to claim a share of the settlement.  In a Notice to Pittman Class Members [PDF], Human Relations Director Sue Carney advises employees about what they can expect if they choose – or refuse – to participate in the claims process and provides information to help APWU members make their own informed decisions based on their personal circumstances.

Carney cautions members to carefully consider the information contained in the Claim and Release form as well as the APWU Notice to Pittman Class Members before making a decision. “Although the total settlement may seem substantial, individuals’ shares may be meager when weighing the amount they may receive against their suffering. What might be adequate to some may be a gross injustice to others,” she said.

”The only certain winners are class counsel, who reportedly will receive more than $4 million for their efforts, and the USPS, which managed to dupe the EEOC into limiting the Postal Service’s liability for more than a decade of violations by attempting to negate our grievance-arbitration process and obstructing other sources of relief,” she added.

Industrial Relations Director Tony D. McKinnon Sr.

Industrial Relations Director
Tony D. McKinnon Sr.

Industrial Relations Director Tony D. McKinnon Sr. plans to provide more detailed instructions to stewards, National Business Agents and advocates on how to proceed with grievances on issues related to the Pittman case.

It is important to note that cases related to the National Reassessment Process (NRP) are separate and distinct from those addressed in Pittman, Carney pointed out.

“The NRP discrimination case, McConnell v. Donahoe, is pending before the EEOC. There has not been a decision made nor a settlement reached,” she said. “Further, three NRP disputes are pending at the national level.

“Union representatives are advised to disregard any attempts by the Postal Service to dismiss cases on the basis of either EEOC class case,” Carney said.

via Potential Participants in Class-Action Settlement | APWU.

7 thoughts on “Potential Participants in Class-Action Settlement Should Exercise Caution, APWU Warns

  1. Union and NAME of Local/Branch
    NALC - Downey, CA Branch 1100
    When will I receive my settlement? Some coworkers have received their settlement. I have been very patient.

  2. Union and NAME of Local/Branch
    NALC - Branch 283 Houston, Texas
    I was wondering when I will receive my settlement. I did all of the paperwork but haven’t heard anything.

  3. Union and NAME of Local/Branch
    NALC - Branch 1111
    Past or current office held, if any
    Letter Carrier in Oakland, CA
    I would like to know what is going on. Last I heard that we won but the post office appealed it and that was Dec 2015. Any word on anything????

  4. Union and NAME of Local/Branch
    APWU Portsmouth, Ohio 45662
    Past or current office held, if any
    Union Steward and distribution/window clerk

    I signed the claim form and release May of 2014. I have heard nothing else. Was there anyone fired for these actions?

  5. Union and NAME of Local/Branch
    NALC Branch 1071 Miami, Florida

    Hi,
    Years ago I received information on the class action suit but I never have received any more information. I just found out that last year was the deadline to fill out the form, I never received one.
    My Address:
    P.O. Box 191673
    Miami Beach, Florida 33119
    This is where you sent the information the first time.

  6. Union and NAME of Local/Branch
    APWU, AFL-CIO - Antioch Tennessee
    Past or current office held, if any
    Steward

    I have not received a settlement and I was just wondering what the status was/is. Please, would somebody contact me and let me know what I need to do or what has been done?
    Thank you

  7. Some Pittman EEO class members think that previously settled claims and grievances are affected. They are not. Rather, it is outstanding claims and grievances that would be waived by signing the Claim Form and Release [PDF]. The one exception is the McConnell EEO class action regarding the National Reassessment Process. Pittman EEO class members with outstanding related claims and grievances should discuss their options with their attorney and union representative before signing the Pittman Claim Form and Release. The deadline is June 19th.

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