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JR Reihs

I could contact my union but I do not think much of their support. Do you have any personal experience with the MSPB filings? What type of documentation should I gather for proof? I have filed several eeo's in regards to usps and limited duty issues and have had some success. I do not know much about mspb. I have heard they are now more conservative. Will wait to hear more... Thanks...

JR Reihs

I contacted my union and the branch 27 nalc union president said that they would not assist me in filing a complaint with the MSPB. Nice to be paying $40 (usd) a month on union dues. As far as I can see the only postal union working to help the limited duty employees is the APWU (clerks and mailhanders) . The NALC has already sold us out. A real shame.

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  • HadIt.com Elder

3 Years,

I am not suprised to hear this, all the unions have sold out limited duty people, APWU included.

The reason I suggested MSPB is , you will have a better chance without the foot dragging of the EEOC.

You will also be filing your discrimination claim along with your complaint, it is called a mixed case complaint.

There are to many details to write on this Board and if you will E-mail me we can talk about this over the phone if you want, I have taken cases through both the MSPB, and EEOC, I just prefer MSPB due to the time constraints.

In order to see which direction you need to go I need to know more about your complaint to see if you can get through the MSPB juradiction hoop, and if you are unsure, go ahead and initiate the EEO as you can drop it after 120 days and file with the MSPB, either way you need to file now.

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"I was told last night that I will be put out of the program today at work because of my limitations"

Yep -sounds like discrimination under the ADA to me-

An EEOC complaint under ADA-

Do you have anything in writing that shows (or could be construed) that they used your disability against you? Was any of that above documented by someone? Do you have their name and job title?

Actually what you have might well be good enough. If you can do a job-with or without acccomodation an employer under the ADA connot discriminate against you due to the disability.

Will they give you access to your personnel file and could you make copies of what is in it?

If I were you I would read over the ADA regs first:

http://www.meocpa.com/eeoc-ada.html-this is one of many good sites on these laws-

and then file a complaint.

We won the first ADA in New York- we filed it the very day the ADA became law-

prior to that my husband had filed 12 or more complaints with the Dept of Labor- under the Vietnam Veterans Readjustment Assistance Act- the DOL oversight on disabled vets employment rights was a big crock-

these were complaints against a federal contractor- the Electric company-

I got all the US DOL stuff under the FOIA from the 12 complaints and the DOL dopes sent me stuff that was internal and should not have been released.

Then they threatened to send a US Marshall here to recover it- and I said good, he can find me here after I get back from a xerox machine (this was years ago)

The US MArshall never showed up- that stuff was dynamite-

Within a week or two the EEOC ADA guy called us and he saw the discrimination in a heart beat-

the result would have been over a years wages but the VA caused my husband to have a stroke (1151 documented) and so that year wages was considerably lower because he could no longer work.

We had no lawyer -we knew the EEOC ,ADA, and USDOL discrimination laws in and out and I found all the evidence-

it was almost like a VA claim but EEOC knows how to read.

The cost was only in xeroxing (about 25 miles away) and the PO costs for mailing.

Rod had a EEOC against the VA too but they found the VA was not at fault- we used the terrible things they said about him as an employee to the EEOC person(although his performance appraisals were all good)

as evidence for his VA and SSA claim. I dont think VA or SSA considered it though, they had so much other evidence that proved his claims.10 other vets had the same basis for this case but Rod was the only one who would file the charge. They all had years of VA experience in part time VA job in dietetics yet the VA hired a non disabled, non vet , non VA employee for the first full time dietetic job that came up. I got her complete job app under the FOIA- the VA erred there in releasing it all to me- and here she knew the head cook at the VA so these experienced disabled vet employees didnt have a chance-

But we did get a personnel director canned on another matter at the VA involving discrimination.

That was more fun than filing that as a potential EEOC case. And over much quicker.

If you get a good handle on these regs and what does and does not constitute discrimination within those regs-and if they did discriminate-due to your disability- you can succeed.

Edited by Berta
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  • HadIt.com Elder

If it is a federal case you file under the Rehabilitation Act of 1973 which is the same as the ADA. Your union won't do your MSPB because they want you to use their arbitration system. I would not let them do my EEOC complaint because they are not competent to do it. I would consider running this past a good employment discrimination lawyer to see if you have a case. Federal EEOC is just awful. You can possibly file a mixed case under MSPB which includes discrimination. I was told by federal EEOC judge that I did not have a disability. A year later I was on disability retirement and SSDI. I filed about 50 EEOC complainst when I was a federal employee and postal worker. Almost impossible to win given the changes in the law, but your case may be an exception to the rule. Disability discrimination lawsuits are filled with minefields for individuals who do not have expert help. I know because I won one, but I lost considerable money for not knowing all of the law. You will probably be retired before your case is resolved if you use the EEOC without a lawyer. My case took 6 years to win.

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Have you tried going to the NAPS bulliten board at www.naps.org ?

National Association of Postal Supervisors

1727 King Street, Suite 400

Alexandria, VA 22314-2753

(703) 836-9660 (phone)

(703) 836-9665 (fax)

If you were in the asp program then they were wrong not to help. I will try to find out more MSPB info for you as well. I will dig into this tomorrow.

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I went to the VA today to enroll in the Behavioral health care system. Got some Meds to help with the stess and told that I will be contacted for my first appointment with them soon. Still looking for a lawyer. I have talked to several office workers and one lawyer. Have not locked in on any as of yet. Still Trying. I got an appointment to see a physic. Dr. Monday in the private sector. Thanks for any help.

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