Edmond Walker EEO nearly derailed, McConnell Class Action stalled and more postal legal cases

Over the next couple of weeks PostalReporter.com will be playing catch-up on posting legal cases filed by postal employees via  EEOC, MSPB, Federal courts and other government agencies.  Two of the cases listed below are  updates on EEOC class actions.

The first cases are snippets of EEOs filed by bargaining and non-bargaining postal employees.

A USPS District Manager (DM) “with responsibility for operating her unit within budget” claimed retaliation for prior protected EEO activity. The DM alleged that the monetary award from  a previous EEO was counted in the budget for her unit. Management claimed the EEO award was included for the purpose of  “evaluating whether her unit was within its budget.” The DM was not made aware of this fact until she was asked at a public meeting why her unit was over budget. The EEOC determined that, as alleged, “the Postal Service’s actions would reasonably deter EEO activity.” (2014)

McConnell EEOC Class Action Still Pending For Postal Employees
In July 2012 EEOC rejected an attempt by USPS to break apart the McConnell class. USPS had filed a motion to redefine the class, and force certain McConnell class members to bring their claims before the Merit Systems Protection Board (“MSPB”). But EEOC Administrative Judge (AJ) denied USPS’s motion in its entirety. The AJ held that because the McConnell complaint focused on the  USPS National Reassessment Process (NRP), which resulted in some reductions and eliminations of rehabilitation and limited duty positions, the claims belonged in the certified EEOC class action. The AJ noted that  USPS’s request would have “resulted in undue delay in justice and unnecessary procedural complications.” After the AJ’s ruling, USPS sought to appeal the ruling to the EEOC Office of Federal Operations. although the EEOC denied the  appeal, this case is still moving along at snail’s pace. The issue in this case:

 In 2006, Sandra McConnell was reviewed under the NRP in the USPS Western New York District. Ms. McConnell had been working in a rehabilitation modified carrier position for over eight years. However, after the NRP review, Ms. McConnell was stripped of her modified position and ordered to go home with “no work available.”

Ms. McConnell filed a class action discrimination complaint under the Rehabilitation Act on behalf of all USPS workers affected by the NRP. The disability discrimination class action was certified by the EEOC Administrative Judge in 2008. After the USPS appealed that decision, the EEOC again granted certification of the class action in 2010. Sandra McConnell v. U.S. Postal Service, EEOC Case No. 520-2008-00053X

Edmond Walker was replaced last year as Class Agent by R.J. Pittman in the matter formerly captioned Walker v. Donahoe, EEOC Case No. 541-2008-00188X, and now captioned Pittman v. Donahoe.  “Upon the execution of the Pittman Settlement Agreement by all Parties and the Agency’s filing of the executed Pittman Settlement Agreement with the Commission, the Walker Settlement Agreement is automatically vacated and replaced by the Pittman Settlement Agreement, making the Walker Settlement Agreement, signed April 2013, null and void, in its entirety.” The substitution does not affect the legal rights of class members or their recovery, except that it does cause some minimal delay. However, in order to avoid even more lengthy delay, the parties agreed and the judge approved this substitution.

The attorneys for the class members agreed to pay out of its own pocket reasonable attorneys’ fees and costs incurred  to USPS after June 13, 2013, as a result of  Walker’s undisclosed 2010 legal case which affected his ability to continue as Class Agent.

The Pittman Class Action (formerly Walker Class Action) alleges that the Postal Service violated the Rehabilitation Act of 1973 by restricting the duty hours, including overtime, of employees with disabilities in permanent rehabilitation positions/assignments during the period March 24, 2000 through December 31, 2012.

The Pittman Settlement Agreement was reached on October 1, 2013. The EEOC gave Preliminary Approval of the Settlement Agreement on October 23, 2013.

Without admitting liability, the Postal Service agreed to pay the Class $17.25 million dollars to resolve the claims of 40,898 Potential Class Members.

How much money will each class member receive? The amount of money that each class member may recover is dependent on several factors including, but not limited to, the number of years as  a Permanent Rehabilitation Employee and the number of eligible claims made in the process. Therefore, it cannot yet be determined how much money each eligible class member may receive.


17 thoughts on “Edmond Walker EEO nearly derailed, McConnell Class Action stalled and more postal legal cases

  1. Please excuse my couple of mistakes in my post. I have been up for about 36 hours.
    Not being able to sleep, from my pain is why I make mistakes when I post, and when I do
    get some rest, I am good to go, as some use to say.. God bless everyone. Please keep Mike in your thoughts, as he needs some daily prayers, as most of us do. I know I do, and if any of you readers are reading this, please pray for me too. Thank you.. Susan…

  2. @Mike,
    I didn’t take the time to read you’re rant, until this morning.
    Again, when you read, you have to read the complete post, and not just parts of what I posted. You’re latest rant just justifies what I have been saying, that is, you simply can’t comprehend what others write. Please stop taking bits of what I, or others say, and then come to a conclusion. Now let me explain, when you just wrote that you got you’re assumptions from me being at work, and from my manager making me do work that the other 4 employees were suppose to be doing, I was only giving examples of what was done to me in the PAST MIKE, in the PAST. And everyone knows that, except you. If you cannot figure this out, why are you even posting ? Just thought I would once again have to explain to you, that you do not comprehend very well, and you’re reading level, or you’re comprehension level is at a grade school level. Since you work at the PO, this is understandable, but I am not making fun of you. It is my exp. many that work in the Federal workforce have some basic problems such as reading and even talking to others. Mike, how about going back to school and enrolling into a reading course, and I have heard very good things about these classes helping people out. It may help you, son. Anyway, it is only a suggestion. But it may help you understand some more things during your life. And putting one’s religion down will not make you many friends in life. I was very surprised at this behavior of you’re comment. I have no hate in my soul for anyone, but I do see life as it is. I am realist, and I speak the truth. I find if offends some, but nothing fake or phony about me. I would rather speak the reality of situations than to sugarcoat the truth, and have people walk away not knowing if what a person says it fact or fiction. And as I stated many times, I get my conclusions from all those injured people I have talked with, and from what Doctors have told me, from what I continue to read about, and even fro my OWCP claims adjuster who him and I have have discussed many things about cases, other injured peoples cases, and then I will write about all of this, and for others to see and then they can make their own conclusion. But you Mike, you have taken what I posted to another level altogether. You made it very personal, and you obviously don’t like anyone disagreeing with you’re expressed views on this subject, and I am betting on all else that you read. Mike parting of being mature is listening/reading of what others have to say, then go from there. Mike, and you coming back and cutting me up and trashing me will only make you more bitter than you seem to be. My post is my opinion on what I have seen, and no more, just my thoughts. If you have diff views, then that is fine, but you seem to think that everyone involved in this lawsuit should get some money. Why Mike, back you’re views and thoughts up with some facts. Why should everyone get some money, and please do not tell me just because there names are on this long list of names, in this lawsuit. As I stated, I can back my views up, and I have talked to many that are part of this NRP suit, and they have personally told me that no harm has to come to them, from being part of the NRP lawsuit. Sorry I am repeating myself, I never do this, but since this is you, Mike, I find I better type in things twice, so you clearly understand my thoughts, and not to go run off in another direction, and maybe start making fum of my family, or something else, because you happen to not respect others opinions. Plus being behind a keyboard makes people act like bully’s !!!

  3. Susie, Susie, Susie. You got it all wrong. YOU are the one who assumes that YOU deserve more from the class action than others. YOU assume that others are faking their injuries. Perhaps their doctor’s are sending in reports that justify their patients position, just like YOU.

    In YOUR initial post, YOU allege that your Manager was making you do work that 4 other ‘supposedly injured’ employees won’t do (this is where I made the assumption that you are at work) YOU are making assumptions about others medical conditions. Perhaps you can disclose what medical school you graduated from, as well as your specialty.

    According to YOU, YOU and YOUR DOCTOR are the only people who have the capability of navigating the maze of OWCP. If that is the case, and you are in such bad shape, then find a lawyer and go after them. But don’t sit there and pontificate and berate anyone else who has had an on the job injury at the Post Office. Despite your thinking, you aren’t that special.

    Lastly, I surely don’t need you to pray for me. With the amount of hate you have in your soul, you make a fine example of a Christian. Since God has given us free will, I have exercised mine to move forward with my life, just like many others who have left the Postal cesspool. YOU however haven’t. Deal with it. Personally, I could care less what YOU do or don’t do with your life. YOUR bitterness towards others is pretty obvious. Perhaps you can become a Postal Supervisor, you are halfway there. I pity the fool who has to hear you ook and eek on a daily basis.

  4. @Mike,
    Listen up fella, you have a mental disorder and I am not trying to make fun of you. You need to go back and re-read my post. LISTEN UP MIKE, again you’re putting words into my post. Mike, you say I clearly state that I am at work (LMAO). Oh really, and again, I am not going to go back and forth with a person that is clearly out of touch with reality. You cannot even comprehend anyone’s post/’s. Mike you have issues and being out of touch is one of them.
    As far as what I have stated over the past few posts, I stand by what I say, from what I have listened to and from what I have read, many postal people do not deserve any of this lawsuit money. And most people DO tell others of what they are going through, if not all. So that unreasonable thinking doesn’t wash. Deny it all you want, but most do should not get anything. And most, not all, most who have never had a surgery, shouldn’t get a nickel. OK MIKE, most, not all. Mike, when did you start having problems with not being able to perceive others, and when did you start taking one’s thoughts and posts, and start twisting them into you’re own out of reality thoughts ? Mike, seriously, I can only pray for someone that is asking also for help. If you do not ask our Lord’s help, my prayers from me and to you, will go unanswered. So please, seek some help, and the first thing you have to admit is, you have issues with other folks that do not agree with you, and issues with comprehending what you read. Clear you’re mind out, take a breath, and breathe in slowly. Start there Mike. God Bless you Mike.

  5. you all make comment on what someone says, you talk about how hard you’ve had it,it has also been said how some injured workers don’t deserve this or that, some of you are even being judgemental against others. I cannot say who deserve payment.One thing I will say is pain an suffering is a private matter, some people don’t want others to no how bad their situation is, but that’s not to say they are not in pain.I was injured had 5 surgeries. went back to work, in a modifed position and have work for more than 15 years in pain, my back,neck, shoulders, knee,and foot. I’m still carrying mail by the way I’m over 60 an female I have had to fight daily to keep my job.I was put off under the NRP caper my boss lied, said I sat in the break room all day that I was totally disable 19 months I fought. I won my case came back in 2012 to continued harrasement.mangement bidded a route from under me, put me off again for 4 months,I fought again got the route. I file an age, gender, an disability EEO had all the evidence for a win, what a joke the EEO process is. In this part of the country you can’t find an attorney that will take on the P.O. so I say if a person is a part of these claims they should be paid. injuries, no matter how small they seem to you can affect a person the rest of their life.

  6. Susan, it seems that you have answers for questions that haven’y been asked. Un your first rant, you clearly state that you are at work, doing the things that other “injured” employees won’t. You imply that I haven’t been subjected to surgery despite three operations to recobstruct my foot, to prevent amputation. The Post Office specifically said that I could not be accomodated and I was shown the door, applied for and received Disability Retirement, and moved on with life. Don’t give my your crap that you can’t do anything for yourself. My doctor didn’t make any mistakes.

  7. three hundred days from when? another year from now?? what is the point in lawsuits, if the winner never gets the prize??

  8. @Mike,
    My my, are we having some tit for tat issues ?
    Mike, you simply read way too much into my post, or you always do maybe, who cares.
    I simply stated it is my exp. and from talking to the NRP injured employees in the past that most have not suffered. Yes, I could be wrong, but I am not. Just in my NY facility, I listened to all of the NRP employee’s, and not one should be included in any settlement damages. Plain an simple and I am not going to explain to you what I had heard, you may read to much into that if I did post it. You may get even more upset over nothing than you have already are !.
    And Mike, where do you get the idea that as you say, unlike some I can go back to my postal job….Oh Really Mike, that is what you got out of my post. This is the issues I have when a person post, and honestly at that. Guy’s like Mike take everything out of context, and little info from that post goes into the brain of guys like Mike. Mike, please go back and re-read my post. I am totally disabled. And I am betting you never had one surgery either. Mike, when you do find time to post, please comprehend what you read, it will help you go farther in life. Please do not go around telling people to count their blessings, nor post that a person acts like this NRP has affected me more than others, that is simply a joke. You missed my points on everything I read. And if you worked up until your surgery date, I will tell you then that you were not injured that bad. Nobody that is working before a surgery,(you’re doctor would have backed you up with paperwork to be off of work), IS HURTING THAT BAD. PERIOD. You’re surgeon made a mistake in the operation room, and I am sure you recd. some money for it. Sounds like you hurt your shoulder, your knee, but you did not hurt your back, that is for sure, or else you would have been off of work. Also sounds like you may have not gotten into contact with any lawyers to help you, so did you, and what happened? Mike, you conveniently left out so many details that employee’s do when it turns out they wanted to stay at home when in fact they could be working. Do you know that you should fight for yourself in life. Well, go back to school and get a life, as I can’t do any of that. But God Bless you Mike, and here is me saying a sincere prayer that you get a better attitude.

  9. “I would like to point out that eas/mgmt has had a pay increase freeze for 4 years “YES, FOUR years. Can you say the same for carriers/clerks/mail handlers/custodians/etc? I don’t think so………..maybe you should pay more union dues.

  10. @Brenda…
    Boo hoo, sniff sniff…..Management has received pay increases in the form of COLAS, which at their pay grade is a hellofa lot more than craft employees have received.

    Don’t even attempt to gain sympathy for the majority of sorry Bastards in management that are overpaid to do nothing but act as a parrot for the a__holes at the top. Between the overpaid managers and Union officials, the hard working employees get screwed……

  11. All Your TSP Belong To Us,
    you stated
    “Budget and USPS in the same sentence……………LMAO !
    I wonder how all the theft, graft, and corruption that runs rampant in eas/mgmt ranks fits into a so called budget.
    Not to mention their completely unearned bonuses!”

    I would like to point out that eas/mgmt has had a pay increase freeze for 4 years “YES, FOUR years. Can you say the same for carriers/clerks/mail handlers/custodians/etc? I don’t think so!
    As for bonuses, there aren’t any for mgmt/eas employees. That was removed several years ago. And those “bonuses” as everyone seems to want to call them, were called “Pay For Performance (PFP)”. So basically an eas/mgmt employee was required to perform and show improvement to receive that pay. I have to ask you, wouldn’t you rather see your supervisors/post masters be required to actually work to receive the so called “bonus”?
    Don’t get me wrong, there are MANY in those positions who had received the PFP check who DID NOT deserve them. There are also many postal employees who do not deserve to be in their jobs. And if you work for the postal service you know exactly what I’m talking about.
    Can you name 1 company OTHER than USPS that it takes several actions to remove an employee? What irritates me the most about the USPS is that there is so much going on with mgmt/craft that warrant firing, yet the USPS allows them to retire or downgrade or transfer offices. How many times have you heard of mgmt/craft stealing from the USPS and being fired for it? I can tell you that there have been several instances of stealing 10’s of thousands of dollars from USPS and the people caught were allowed to retied with their full benefits and NO repayment of the funds they stole. The USPS says “it’s not cost effective to prosecute them”! This saddens me because the ones who are honest hard working employees are the ones suffering. They do their days work and have to do someone else work too because the other person is lazy and taking advantage of the system that has been set up. SO when you want to attack just the mgmt side of the so called “abuse”, look within the craft side also. Believe me the craft side is FAR from innocent!!!
    Oh and BTW I do NOT work for USPS…but am privy to the inside workings of it.
    I say personally they need to look above the office mgmt to fix a lot of their problems. Mpoos, district mgrs,plant mgrs and higher up. How about they fire Donohue who is hell bent on helping with the privatizing USPS?

  12. Susan, with all due respect, you are far from the only person affected by the NRP Process but you sure act like it. I was injured, worked Limited Duty for three months until the morning of my surgery, and ha e been home ever since. The Post Office claims they cannot accommodate my limitations, OWCP has put me through a BS vocational rehabilitation program. Ultimate I decided to take Disability Retirement. After 24 years, my career is over. Unlike you, I don’t have the opportunity to go to work at the Post Office anymore. Maybe I should count my blessings, so should you.

  13. We’ll never see any money, but peanuts. Judges have been bought off and will continue to be so. What a disgrace that most of us that have exp. harassment, sharing of medical records, forced to go to new cities to keep your job, and then to be walked out the door anyway, hostile work atmosphere’s, and so on, that the lawyers will get most of the money, as in the Edmond Walker case. Pathetic and sad at the same time people. How long has the McConnell case been going on I say ? Too long, and I recently called that firm, and the aid I talked too told me it could be up to another few years before it gets settled. All discovery and documenting the stories that people have filled out in those Q’ that we all filled online in the last few years. Lawyers always get the bulk of the award. I did ask him (the lawyer), if when this ever does get a final verdict and us winning, how it will be determined for the payout. Everyone getting the same amount, or going on an individual basis, which is the fair way of handling it, in my opinion. Most of the NRP claimants have not suffered in any way or form, they just happened to get injured and were auto. included in this lawsuit. But others such as I, who have been put through the ringer, should get most of the payout, which will be peanuts after the lawyers get there share. In my case, I actually had clerks coming up to me and telling me they were given access to my medical records and then telling me I should do this, or I need to get some form updated and handed in. Can you believe that….Yes it is true. The the afternoon manager telling me I had to do all the work, while the other 4 injured (supposedly hurt employees, and all of another darker color were given fee reign to go and sleep or leave the facility and do whatever for 8 hours). Yes, i have bee put through the ringer. On those other employee’s, I was the only one that had surgery, yet alone more than 10 and counting, and those others, not one surgery. So winning this lawsuit is very important to me. I expect no money from this. But vindication at the very least says what they did. But in the end, the PO will get away with being found guilty, but admitting they did no wrong, as all large companies do when it comes to paying any penalties. So the other people included in this lawsuit that were not put upon, I do not think you deserve any amount of money. Go away please, and give it to the employee’s who have really suffered so much loss of self respect. Money cannot get that back.

  14. Budget and USPS in the same sentence……………LMAO !

    I wonder how all the theft, graft, and corruption that runs rampant in eas/mgmt ranks fits into a so called budget.

    Not to mention their completely unearned bonuses !

    There never has been a budget, at any level of the USPS.

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