October 1, 2015 A Cumberland County resident is suing the U.S. Postal Service claiming that she was unjustly fired and that the union that represented her allegedly refused to back her claim.
Cynthia Powers of Mechanicsburg filed a lawsuit against the U.S. Postal Service and the National Association of Letter Carriers on Sept. 8 in the U.S. District Court for the Middle District of Pennsylvania, citing breach of contract and breach of duty of fair representation. Read more
According to the lawsuit, USPS issued Cynthia Powers, a city carrier assistant, a letter which outlined her reason for removal:
USPS had no justification or just cause for terminating Power’s employment
Pursuant to Article 12 of the collective bargaining agreement between USPS and NALC, the Powers was on probation for a probationary period of 90 days
Pursuant to Article 12 of the collective bargaining agreement between USPS and NALC, Powers was a member of the bargaining unit during her 90-day probationary period as a city carrier assistant (CCA).
By the March 7, 2015 effective date of her termination, Powers been employed by USPS for 120 days, and was therefore no longer a probationary employee
On March 13, 2015, the Powers contacted her Local Union – NALC Branch 500 to request that NALC intervene on her behalf, to challenge her removal by USPS by filing a grievance on her behalf.
NALC refused to intervene on Powers’s behalf including the filing of a grievance to challenge Pwers’s unjustified termination by USPS.
Powers received a letter from USPS which stated:
According to the handbook for City Carrier Assistants:
Discipline Procedure
CCAs have access to the grievance procedure when disciplined or removed. If you are disciplined or removed, let your shop steward or a branch officer know as soon as possible. The Union can file a grievance on your behalf, but it must be filed within 14 days of the date you receive discipline. In order to give your shop steward the most time possible to investigate and prepare a grievance, it is always best to let them know as soon as possible.
Section 3. OTHER PROVISIONS E. Article 16 – Discipline Procedure found on pages 143-144 of the National Agreement states:
E. Article 16 – Discipline Procedure CCAs may be separated for lack of work at any time before the end of their term. Separations for lack of work shall be by inverse relative standing in the installation. Such separation of the CCA(s) with the lowest relative standing is not grievable except where it is alleged that the separation is
pretextual. CCAs separated for lack of work before the end of their term will be given preference for reappointment ahead of other CCAs with less relative standing in the installation, provided the need for hiring
arises within 18 months of their separation.CCAs may be disciplined or removed within the term of their appointment for just cause and any such discipline or removal will be subject to the grievance arbitration procedure, provided that within the immediately preceding six months, the employee has completed ninety (90) work days, or has been employed for 120 calendar days (whichever comes first) of their initial appointment. A
CCA who has previously satisfied the 90/120 day requirement either as a CCA or transitional employee (with an appointment made after September 29, 2007), will have access to the grievance procedure without regard to
his/her length of service as a CCA. Further, while in any such grievance the concept of progressive discipline will not apply, discipline should be corrective in nature.
In the case of removal for cause within the term of an appointment, a CCA shall be entitled to advance written notice of the charges against him/her in accordance with the provisions of Article 16 of the National Agreement.
The National Agreement states that the probationary period for CCAs is 90 WORK DAYS or 120 Calendar day, which ever comes first.
I called my union for help and he said ” Why are you calling me? “.
I HUNG UP ON THE LOSER
Branch 500 has really been struggling since this group of leaders have taken over. They cannot be reached on their phones (that are paid for by its members). They dismiss most claims by carriers. Most of the membership will just do whatever they want because they fear being targeted by the branch if they speak out.
Hopefully this woman wins her battle and the entire branch finally steps forward and elects a new leadership this year, since it is an election year.
The last 3 plus years have been just bad for branch 500! Membership has dwindled! There is no unity anymore! They treat Union and non union brothers and sisters badly especially if your not in there inner circle. Elections are coming up so hopefully it will get better!
The APWU no longer files grievances in my Local either, but they collect their checks as well as an exorbinate amount of travel pay for doing nothing. The treasurer was out on OWCP and collected $300-500 a month for travel! She couldn’t work, but spent an enormous amount of time traveling “in town”!!!! Nothing but thieves!
Just wait until the federal unions are busted and you have NO representation whatsoever!
So she is suing because she didn’t show up for work for a month? I’ts the union’s fault that she quit working and didn’t notify anyone. The 90 day rule is EXTENDED for every day that you don’t work (AL, SL, LWOP). She was within her probationary period when they initiated the action. The union loves to fight management, so the fact that they didn’t help her is proof she has no case. Next time come to work!
the reason you have a probation period is to get rid of the shirkers……..to make room for more of mismgt loser children who can not hold a job anywhere else!
I know what this person is going thru. This Branch 500 leadership just want to collect money from the membership and do things for people in the inter circle. They don’t help every one. The union brotherhood is to be a bond but the leadership from not only Branch 500 but also Region 12 leadership is a disgrace. They all need to step down and the national office from Washington need to get rid of this leadership. I have seen people ask for help and all they have gotten from the leadership is lies. It’s a wonder that Branch 500 doesn’t fall apart and it’s a shame the former leader Alan Stuart who made this branch so big doesn’t role over in his grave on how the leadership is today. I loved being a part of that branch but the leadership now and that includes region 12 leadership is a major disappointment. If this girl wins her case against the branch. don’t let national pay it off but let the branch pay the bill. Then maybe region 12 leadership will listen to the membership since they have failed in this case.
I thought we took care of this. Why do the members continue to elect these management loving stooges?
The only people to blame here are the members who voted in this group. How many members bothered to vote?
Send me an line willya….you know NYC
There’s not enough information in this article to know anything about whether or not the union branch is right. When was the letter of removal given to her? All we have is the date of removal. Were they the same? She was off work for over two weeks and never called in? She waited 6 days after the date of removal to contact the union?
There are things here that don’t pass the smell test. Sort of looks like she’s just trying to squeeze some money out of someone to “settle”.