Good news concerning National Reassessment Program
I have received numerous inquires concerning the Post Office's "National Reassessment Program". You have every reason to be seriously concerned. However, I have good news for you. Your Union has retained an excellent law firm, Kator, Parks, & Weiser to proceed with a class action law suit. Jerry Wright is the partner in charge of the law suit. He is a very experienced, professional, and skilled attorney. He has filed the law suit. As of September 2, 2009, the Class has been certified, but the Post Office has appeal to the Court of Appeals.
However, do not call or write to Attorney Wright! There is a contact person to handle your questions, and to register you as part of the law suit. The organization and person is as follows:
When you call, ask for Stacey at the firm Dolin Thomas & Soloman, 693 East Avenue Rochester, NY 14607 Phone: 585-272-0540
If management in any way tries to invoke the National Reassessment program, you should immediately do the following:
- File a grievance
- File EEO
- Write to your Congress representative
- Register with the class action attorney
- File a CA-2a
- I also recommend that you contact the firm of Melville Johnson to discuss the EEO, ADA and Merit System Protection Board claims. Phone 877-524-9111
It is also important to remember that you must always comply with a direct order from Management. The first rule of Labor Law is: "Always comply with an order and grieve." Do not engage in a discussion with management, go to your union. If the employer offers you any work, no matter how few hours, I recommend that you accept the offer.
Please call me at 216-927-2030 if you want to contact me about your Federal Workers' Compensation claim.
Sincerely yours,
Alan J Shapiro
Postal Employees: When the Postal Inspector Comes Calling
You, as an employee, do have legal rights when the postal inspectors contact you. Please note the following.
1. The Weingarter Act gives you the right to union representation. You should always request this.
2. OIG-The Postal Inspectors must give you one of two warnings before questioning you.
3. A: "Garrity" Warning-This warning waives the government's right to discipline an employee for remaining silent, but preserve the right to use any statement the employee voluntarily make against him or her in both administrative and criminal proceedings.
4. B: "Kalkine" Warning-This warning notifies the employee that he or she is going to be asked a number of questions concerning the performance of duties as an employee of the Postal Service. This warning waives the government's right to use voluntary statements in a criminal prosecution, but preservers its right to discipline an employee for refusing to cooperate in the investigation.
5. Contact an attorney who is experienced in Federal Criminal Law. If you need a referral, please feel free to call me.
6. Always tell the truth.
Management Refusal to Grant Overtime to Injured Workers
The Post Office and even some other agencies have for many years maintained that a limited duty employee may be subject to job restrictions not applied to other employees. In many instances, the agencies have been refusing overtime and other work to limited duty employees who are fully capable of performing the work. The only reason that they are not being given the work is that they are on limited duty.
A class action law suit has been filed concerning this matter. I know the law firm handling the action, and they are very competent, professional, and experienced. The following is the contact information:
Class Contact Information: 621 17th Street Suite 925 Denver, CO 80293 Telephone: Toll Free (800) 280-8301 In the past, I have recommended that the worker file a grievance and EEO complaint. Frankly, these actions have not been very productive. Please consult with your union to see how they advise you to proceed with a grievance or EEO complaint. However, you absolutely should contact the attorneys to be a part of the class.