Postal Supervisor’s testimony credible in post office worker injury case

By Angela Childers – January 25, 2021 The Occupational Safety and Review Commission upheld its directive on Friday that an administrative law judge must decide whether two mail carriers could prove that they were terminated as a result of filing injury claims. In Secretary of Labor v. U.S. Postal Service, the commission reviewed the credibility…

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NPMHU Prevails in National Arbitration Regarding MHA Discipline

We are extremely pleased to announce that the NPMHU has prevailed in its National Arbitration against the Postal Service over whether the Postal Service may consider or rely upon discipline issued to an MHA if that employee is later being disciplined after he or she has been converted to career. The key conclusion of Arbitrator…

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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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