AMERICAN POSTAL WORKERS UNION, AFL-CIO  STEP 1 GRIEVANCE OUTLINEWORKSHEET
Discipline (Nature of) or Contract Issue                                 Craft           Date                       Local#                     Mgt#
 Refusing to Authorize FMLA                             Clerk  
Unit/Sec/Br/Sta/Office             Date & Time           USPS Rep - Sup                             Grievant and/or Steward
                                                                                                                Doe /
Step 1 Decision by (Name & Title)                                 Date & Time                 Initials (initialing only verifies date of dec.)

Grievant/Person or Union (Last Name First)               Address                            City/State/Zip                                 Phone
   Doe, Jane                    
Social Security #               Service/Seniority/Craft       FTR   PTR    PTF   TE   Level  Step      Hours                           SDO’S
  
Job/Pay Location (Unit -Sec-Br-Sta-Office)          Work Location/City and Zip Code            Lifetime Security      Veteran
                                                                   GMF Phoenix, Arizona 85026  
Under the provisions of Article 15 of the Collective Bargaining Agreement, the following grievance is being filed. The relative articles
in violation are: (cite Article, Local Memo, and/or Handbook) Article 2,3,5,10,14,15,17,19,31,JCIM, 2,3,5,10,14,15,17,19,31,ELM 515, 660 Family Medical Leave Act, Health Privacy Act, United States Code 18						
PROBLEM: Management is in violation of the Family Medical Leave Act, Health Privacy Act, United States Code 18 and Collective Bargaining Agreement. When on 5-8-06 employee Jane Doe received a denial letter from Moron 1 FMLA administrator. Which stated “FMLA Denied No additional information submitted as requested in letter dated 4-18-06 and due by 5-3-06.” Employee Jane Doe on 5-2-06 sent the additional information Certified Mail 70053110000137302801 to the FMLA office. Administrator Moron 2 received that on 5-8-06. Which explains the hand written note at the bottom of the denial letter, stating, “5/8/06-documentation submitted untimely”. The FMLA office is claiming it takes 6 days to receive certified mail by the United States Postal Service. Employee Jane Doe submitted all the information required by the Family Medical Leave Act on her first certification, and provide the FMLA office with additional information as requested. The FMLA administrator Moron 1 is refusing to Authorize FMLA for employee Jane Doe that is violating her rights under the laws. Management is in violation of the Health Privacy Act, which bars the disclosing of identifiable health information to your employer. Management is in violation of Title 29, of the code of Federal Regulations Part 825.220(a) “The FMLA prohibits interference with an employee’s rights under the law, and with legal proceedings or inquiries relating to an employee’s rights.” Part 825.220(a) (1) an employer is prohibited from interfering with, restraining, or denying the exercise of (or attempts to exercise) any rights provided by the Act. Part 825.220(b) “Any violations of the Act or of these regulations constitute interfering with, restraining, or denying the exercise of rights provided by the Act.” “Interfering with” the exercise of an employee’s rights would include, for example, not only refusing to authorize FMLA leave, but discouraging an employee from using such leave.” Part 825.307 “ if an employee submits a complete certification signed by the health care provider, the employer may not request additional information from the employee’s health care provider. However, a health care provider representing the employer may contact the employee’s health care provider, with the employee’s permission, for purposes of clarification and authenticity of the medical certification.”   Management is violating Article 3 “ the employer shall have the exclusive right, subject to the provisions of this agreement and consistent with applicable Laws and Regulations. Management is violating the Family Medical Leave Act, the Health Privacy Act and United States Code 18. Management is violation 18 U.S.C. 1001(a)(1) falsifies, conceals, or covers up by any trick, scheme, or device a material fact. Management is in violation of Article 5 by taking unilateral action against employee Jane Doe affecting her wages, hours, terms and conditions of employment as defined in section 8(d) of the National Labor Relations Act, which violate the terms of the APWU agreement inconsistent with its obligations under law.

CORRECTIVE ACTION:  IMMEDIATELY UPON RESOLVEMENT THE UNION AND/OR EMPLOYEE BE MADE WHOLE INCLUDING BUT NOT LIMITED TO: Management to abide by the Collective Bargaining Agreement, the Family Medical Leave Act, Health Privacy Act, and U.S.C.18. Approve employee Jane Doe FMLA, and to stop interfering and refusing to authorize FMLA.  The United States Postal Service to report the cited violations to the Department of Labor and the Health and Human Services Office for Civil Rights and the Justice Department for the US code 18 violations. 

MANAGEMENT’S RESPONSE