Federal Administrative Judge has Harsh Words for San Francisco USPS Management

NALC Branch 214
NALC Branch 214

The following was submitted to PEN from NALC Branch 214
Please add comments below.

San Francisco – A USPS letter carrier was awarded injunctive relief, compensatory damages and attorney’s fees as a result of a lawsuit finding discrimination against a disability. In the wake of the decision, San Francisco NALC Union #214 has requested termination of the 5 management officials involved in the case, including SF Postmaster Noemi Luna.
 
The judge cited harassment, a hostile work environment, failure to accommodate, and retaliation by various USPS management personnel.
 
Billie Eyeball, a letter carrier for seven years, was robbed at gunpoint while delivering mail. She was diagnosed with Post Traumatic Stress Disorder. Cleared to return to carrier duties with medical restrictions, she encountered resistance from management. As a result, an EEO was filed and the USPS settled the case.
 
Ms. Eyeball returned to full time letter carrier duties in 2004, but management outside of her station targeted her. The judge in the recent case cited retaliation for the former EEO activity. The decision by the Federal Administrative judge holds sharp words for management citing “devious actions,” “sabotage” and “multiple examples of abusive and intimidating conduct.” She writes “I am utterly mystified why several officials mounted an intense, often malicious, campaign against her.
 
Ms. Eyeball comments: “I have no idea why I was targeted except that I happened to get injured on the job and I’ve been treated like a criminal. They tried to frame me. They made up blatant lies about how I handled my mail, and they sent false documentation about me to another government agency, which is illegal fraud. Five years of harassment in theses two cases has cost the Post Office close to 1/2 million dollars and it is obscene.”
 
The judge noted that management “provided information they knew to be false to the Department of Labor concerning the complainant’s condition …”. According to the USPS Employer Labor Relations Manual “any employee, supervisor or representative who knowingly makes a false statement with respect to a claim under FECA may be subject to a fine of $10,000 or (5) years in prison or both …”.
 
Shop Steward Audrey Davis, a veteran carrier in San Francisco worked for the USPS in Royal Oaks, Michigan in 1991 at the time of a notorious “going postal” incident that resulted in the murder of four USPS employees. For the past few years, Ms. Davis has been increasingly concerned about safety issues involved in management / employee disputes in San Francisco.  “Billie’s case is part of a much larger problem that affects everybody. Postmaster Luna’s tenure is full of harassment complaints and no action. In October of 2006 employees at my facility, PCA [Pacific Carrier Annex located in San Francisco], requested a Congressional investigation because of management abuse, and this petition was joined by other stations and included almost 200 Union and non-Union employees. In November of 2006, a carrier suspension at 180 Napoleon resulted in a murder / suicide. In 2007, management was called into a joint meeting with people from Congresswoman Nancy Pelosi’s office and Congressman Tom Lantos office. But nothing really changed. The Union has picketed two stations over management abuse and safety issues in the last year, but Postmaster Luna and District Manager Groux have done nothing to stop the abuse to employees.”
 
Shop Steward Vicki Sawicki from EPC station agrees: “Unfortunately other employees are being treated as horrible as Billie has been. Upper management is not taking these issues seriously and all of our safety is jeopardized.”
 
Both the Union and Ms. Eyeball have sent letters expressing their concern to upper management officials including District Manager Winifred Grox, and Pacific Area V.P. Mike Daley. Ms. Eyeball quotes a response by Winifred Groux which states she “declines to take action.” “Mr. Daley’s reply was equally irresponsible,” Ms. Eyeball adds. “Unfortunately their inaction perpetuates abusive behavior and costly litigation. They are offering a defense that because the judge didn’t specifically request termination that they don’t have to act, but, of course, it is well known that a Federal Administrative Judge can not request punitive action of this sort, and it is up to the agency to take the action necessary both contractually and morally to stop this abuse.” 
 
A copy of the NALCX Branch #214 open letter requesting termination can be found in the Branch #214 March / April VOICE newsletter and online at www.nalcbayarea.com. The entire resolution and the judge’s detailed final decision will be posted at the website as well.
 
The Union’s resolutions state in part: “The National Association of Letter Carriers Branch #214 will request in writing in an open letter that management terminate Adam Alvarez, Gary Schrecengost, David Sullivan, Raj Sanghera and Noemi Luna.

66 Responses to "Federal Administrative Judge has Harsh Words for San Francisco USPS Management"

  1. needing advice   October 24, 2014 at 12:21 pm

    I had worked for USPS for a while, converted to a regular. Within a week and a half I was terminated. Management stated, ” I am terminating your employment due to my inability to properly evaluate your performance due to your restrictions.” Now my restrictions had ceased on 09/24 and I was term on 10/02. I had restrictions for just over six months from an OJI. I worked within restrictions for that period of time, but ended up getting a consequential injury as well. I worked myself through pain, and all the above just to be terminated? It is unjust, and unfair the way management treats the injured. All I get from anyone is will get back with you, then never returns my calls (union included). Is there anything legally I can do or do I just give up and forget I ever worked for this company?

    PEN can’t advise you on your situation and problem – there are just too many questions related to what you’re saying – questions that only an attorney would answer. We wish you luck.

  2. 34 1/2 years   March 2, 2015 at 11:44 am

    I was terminated last year after being accused of misrepresenting my work restrictions . I was on 5hours working 3 hours Wc.I was unable to perform the last part of the day because the work offered was the work that continued to aggrevate my condition and management failed to provide reasonable accommodation after they agreed to..I am also facing criminal charges due to a conspiracy set up by PO authorities who don”t mind lieing I had to hire an attorney and am still going through the nightmare.I did my job with integrity and thoroughness,but in this office it was more important to be cozy with the boss and bow down to her when she entered the room,there is a LOT of abuse that goes on unchecked and ignored by the main managers at the district office,as an employee you have no protection,the union also has failed me I was forced to retire and the union has done nothing to get my job back.

  3. Sandra Coleman   March 31, 2015 at 9:40 pm

    I was conspired against by USPS management, who coerced me into a rehab job which resulted in loss wages, termination of medical and life benefits, etc. Is this a case that you can help me with, if not, please refer me to someone who can. Your immediate attention would be greatly appreciated. Thanking you in advance.

    Sandra – we cannot get involved in any law suit regarding USPS or USPS employees. PEN

  4. Brenda colburn   August 6, 2015 at 10:42 pm

    I am a 15 year city letter carrier having to go through continous harrassment and bullying from postmaster causing me to end up in psychiatric hospital for suicidal tendences and I unable to do my job because of medications I am on can’t drive anymore

  5. Dan Newman   August 10, 2015 at 5:14 pm

    I’ve held many jobs in my lifetime and have now worked for the post office for 25 yrs. The bullies at the post office are the absolute worst managers I have ever seen or heard of in my life. They have zero people skills, treat the customers as inconsequential, and through their weight around as if this were the dark ages. Absolute pigs, everyone of them.

  6. Mandi   August 18, 2015 at 7:49 pm

    Big retaliation case spoke to postmaster and everyone upset.amazing how people like when you are the newbie on job pass probation always treated differently.All I wanted was a job to take care of my family.people so evil they own the po.But my god sees all.only some people know they need money.you all will reap what you sow.when new people hired you all treat them so bad cause you all own the post office

  7. EUGENIA TOGIAI   September 11, 2015 at 12:28 am

    i am not a USPS employee, Iam however a USPS patron, who is also being disrespected and harrassed, threatend by the usps office 1300 evans st san francisco ca 94124, supervisor of retail ******* went farr and beyond to stop all usps in san francisco even the financial dept, from refunding my postage..they are creuel, and they give alot of false info about me and my small resource business stating that i am fraudulent..i followed the policy for proceedures and presented the proper documentation, and by doing that they treated me and still do treat me with discrimination, threaten to have me investuigated…they shoulf just spit on me..i even cried.. several different locations i had to deal with…all of these locations were just as she discribed it in the letter above …and more…i sent a complaint letter towashington…but i dont think they recieved it…thats another thing they also tamper with my mail…they would either delay or toss it..i feel sick to my stomach when i have to deal with these people..im looking for a lawyer to help take this act of discrimination …to a higher level..any help?

    Thank you for posting. Please – never post a persons name at forums…it is not a good practice and may even be illegal. PEN

  8. Jennifer Smith   October 9, 2015 at 3:35 pm

    I’m in the process of fighting management on a workman’s’ comp claim. Nightmare. My postmaster thought it would be a good ideal to change and submit a CA1 that I did not sign. The one I did sign had no challenge. So, she copied and pasted my signature from the original CA1 and put it on the one she changed. She falsified a federal document and this isn’t the first time she has been caught doing this type of thing. Still fighting this with my union at my side.

  9. Nickie Young   November 9, 2015 at 3:54 pm

    I’m an Rca have been employed 8years @post office I have been harassed and retaliated on for 3years for not allowing my postmaster to put false hours on my pay to pay a full time rural carrier under the table.This was done on one my paystubs and another one without my knowledge and my life has been hell ever since!!

  10. BILL PARRY   November 16, 2015 at 4:26 pm

    I know how everybody feel a 27 year employee and when i was injured on the job,I was treated like dirt doing a job that was beyond my restriction in severe pain.Was told by management to do it or go home and that they would contact workers comp and tell them that I was committing a fraud.I have since filed an EEO for harassment.

  11. Andres Montoya   November 24, 2015 at 9:54 pm

    EEO complaints are vital to change harassment at your local post offices. Management has to answer for their actions. Dont give up on the process and file as many EEOs as needed. Its costly for the post office to send mediators to sit in on the mediation process. When you file an EEO it brings an outside entity into the situation. Its a slow process but effective.

  12. Dee   December 20, 2015 at 10:25 am

    It is unbelievable how management is not punished for harassment, retaliation, and bold face false accusations on employees. It appears that “STUPIDVISORS” AND “STUPID MANAGERS” ARE MULTIPLYING RAPIDLY. I have a supervisor who went into my Official Personnel Folder and retrieved a document before my career at the postal service. I have written to the Postmaster General, District Manager, and Congressman. I am not going to let this go because the Privacy Act of 1974 was violated. This supervisor and manager are treacherous trifling and feel they are invincible.
    I am trying to get national news to air a news feature regarding the US Postal Service management.

  13. Sandra Dixon   February 12, 2016 at 7:01 pm

    Can someone please refer me to an attorney in the San Francisco area for a harassment and discrimination case against the USPS/DOL? Everyone that I talk to just wants to help me with OWCP and Disability Retirement and I don’t need assistance with that. Thanks

  14. B Martin   February 15, 2016 at 4:05 pm

    Sandra – try Lisa Gary. I don’t know her but found her at: http://www.avvo.com/legal-answers/i-have-filed-a-formal-eeoc-complaint-against-the-u-1325012.html

    Good luck. My case has been ongoing since 2008. Don’t miss your deadlines – EEOC can be unforgiving. You will want an attorney as they have a better chance at a good outcome than you would on your own. Brace yourself. USPS doesn’t play well with others. I also suggest having someone to talk to help keep you sane. Retaliation is a given for EEO filers and they can be relentless

    Best of luck to you – you are doing the right thing and the brave thing by standing up for yourself. Keep your head high and hang in there.

  15. Stuck between $ & hell   April 28, 2016 at 12:29 pm

    I am considering filing an EEO complaint against the PM here in my city but have no idea where to start. From the research I’ve done thus far having a successful outcome doesn’t look promising either. Looking for advice.

    Edited by PEN. It is best NOT to list your work station city.

  16. Darlene Gobbi   June 14, 2017 at 7:16 am

    i was former 204b who had alot of retaliation from mngt after human resource complaint which mediation was set up. The person deciding the mediation was a labor rep and POOM who both were close to my postmaster. The labor rep even pulled me into office alone once before complaint and screamed in my face and made threat about my job and POOM in past once mentioned how my PM hired him. End result was and I quote “keep my mouth shut and just throw my mail and maybe I will get another good 10 years out of the post office” fast forward several yrs to truck with gas smell, i complain to displaced janitors from closed plant placed in my office to wear one of many hats including vomer duties and we could only give slips to them (unofficially! ) said my truck looked at by local guy nothing wrong with it it is over splash. Disregarded one of my written tags and harassed by mngt on floor that I was just being difficult with further complaints. This resulted in months to come being pulled from road mouth bleeding from gums blurred vision headaches stroke like symptoms and drowsiness. Docked pay for entire day as a rural and given to subs who had to finish last hours of route on many occasions because I was taken to ER by FAMILY not mngt for stroke symptoms. PM says to supervisor on one occasion getting rid of his problem. It took me going to fire station after customer said they could smell it bad to have my office take me out of truck. It was so strong picture a wet mop down of inside of truck with gas. Fire station made written complaint to usps and osha was involved. By that time stroke symptoms had me out incapacitated from work and Drs found cerebral vasoconstriction happening. No on the job ever filed by me i was more worried about keeping and returning to job. ended in retirement disability advised by shared services not my own office after over 6 months out on lwop which at same time I was receiving demand letters to appear with steward for failure to be regular in attendance while out incapacited by Drs from my PM Shared services stepped in placed me under their protection as a disability claim employee which I was awarded after 18 months without pay. I am now disabled by P.O. and soc sec. I have since developed autoimmune disease along with daily migraine syndrome still have sporadic Tia symptoms spasms in neck, chest and Vision never returned to normal. Then and still NOW, my fiancee who is in different office as mngt deals with retaliation from this same post master’s group as well as that post master. I beleive he received heat from safety office abouy my issue as they called me questioning what occurred. I feel I have legitimate complaint to hold them accountable and cease this behavior so someone else doesnt end up like me or worse dead due to their incompetence. finding attorneys that will take on usps cases is difficult part. I lost job career and have daily health issues still trying to control with Drs. They basically took my life away and fiancee stuck dealing with retaliation because he supported me in complaint about PM with local human resources conducted during time out under shared services because he continued to harass me.

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