Postal Worker Who Took Knee Lacks Job Retaliation, Bias Claims

By Patrick Dorrian – August 28, 2020 Taking knee in protest protected activity under Title VII But arguing with boss, not kneeling spurred unpaid leave A Black mail handler failed to establish he was placed on leave without pay for protesting his boss’s alleged racial mistreatment by taking a knee during a staff meeting, the…

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New NLRB Policy: Offensive and Abusive Speech is No Longer Protected Activity

July 21, 2020 Washington D.C. – In a decision issued today in General Motors LLC, 14-CA-197985 369 NLRB No. 127 (2020), the National Labor Relations Board modified the standard for determining whether employees have been lawfully disciplined or discharged after making abusive or offensive statements—including profane, racist, and sexually unacceptable remarks—in the course of activity…

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Judge to determine if mail carriers were disciplined for reporting injuries

An administrative law judge must determine whether the testimony provided by two mail carriers who claim they were disciplined for reporting workplace injuries is credible. In Secretary of Labor v. U.S. Postal Service, the Occupational Safety and Health Review Commission on Tuesday reversed and remanded a decision to vacate a citation levied against the U.S….

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USPS: Liberal Changes of Schedule and Leave

USPS Memo – March 23, 2020 We have signed a Memorandum of Understanding with our unions temporarily expanding the use of Sick Leave for Dependent Care to allow employees to use their sick leave for unexpected childcare needs as a result of the COVID-19 pandemic. In addition to allowing Sick Leave for Dependent Care, for…

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One-time purge of Letters of Warning in the new APWU contract

The parties agree that there will be a one-time purge of Official Disciplinary Letters of Warning from the personnel folders of all employees represented by the American Postal Workers Union, AFL-CIO. To qualify to be purged, a Letter of Warning must meet the following conditions: 1. An issue date prior to the effective date of…

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Postmaster Removed for Inappropriate Behavior Toward Employee He Fired

By Susan McGuire Smith – February 13, 2020 In Ferguson v. U.S. Postal Service (CAFC No. 2019-1403 (nonprecedential) 11/7/19), a postal manager fought to get his job back after he was accused by a woman employee removed for poor performance of making inappropriate comments and gestures toward her while she worked for him. Mr. Ferguson…

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NALC VP Renfroe: Rights and Warnings When Questioned

All letter carriers have Weingarten rights, which means the right to have a union steward present during a meeting in which management asks you questions that you believe could lead to discipline. Every letter carrier should follow this advice: If called to a meeting with management, U.S. postal inspectors or an Office of Inspector General…

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NLRB Decision – Nasty Postmaster Fired a CCA for Filing Grievances

A nasty postmaster in Katy, Texas fired a CCA for filing grievances. This type of boss exists in too many post offices! This story had a happy ending. The NLRB went to bat for her. REMEDY Having found that the U.S.P.S. committed unfair labor practices, it is ordered to cease and desist and to take…

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