From PostalReporter reader:
Here is an update on FMLA Claim Postal Worker‘s 4th Pregnancy was too much for Norwalk Ohio Post Office TEs, CCAs and PSEs may be separated “for lack of work or for just cause.” Being over the cap doesn’t qualify as either. Attached is proof.
24. For the pay periods ending April 23, 2010, and May 7, 2010, the NORPES data reflected the Eastern Area was over the TE cap by nine and twelve, respectively. The data also showed a decline in the number of career carriers, which in turn affected TE allocation percentage.
25. With respect to the Ohio Northern District, Ryman testified he gave the directive to separate ONE TE to comply with the cap. Neubauer – the Ohio Northern District Compliment Coordinator – received this directive from Ryman to reduce.
Does this make any sense? They were over the TE cap by nine or twelve, but separate only one TE? This is B.S. In practice they put a freeze on hiring and let attrition whittle down the complement.
36. Instead, the testimonial evidence revealed the USPS implemented a TE hiring freeze due to cap compliance issues on May 20, 2010 – roughly two weeks after Andres notified Plaintiff she would not be re-appointed, and five days after her NTE date.
A hiring freeze is what they always do when over the cap. I’ve never heard of separating just one person. They concocted this story and the judge believed them.
Here is a case for rehiring PSE.