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, John                   
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, 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 5-17-06 Employee John Doe doctor Bob faxed the FMLA office of United States Postal Service his medical certification. On 5-19-06 employee John Doe received a letter from the Postal FMLA office that was dated 5-17-06. This letter has no name as to whom it’s from, to indicate to who is requesting the information. Or the individual that was unable to make a determination of whether or not it qualified for FMLA, nor did anyone sign the letter. The Family Medical Leave Act indicates that the employee’s Doctor is actually the person who would make the determination of whether or not it qualified as FMLA. The letter goes on to state, “ treatment information on document is not clear. Please provide the general nature of the treatment provided at those visits and schedule of such.” The Health Privacy Act bars the disclosing of identifiable health information to your employer. Management is in violation of Department of Labor Letter Ruling FMLA-90 “ the FMLA, which recognizes that not all absences caused by certain serious health conditions will be predictable, does not provide any language to suggest or require an employee or health care provider to submit an exact schedule of leave when submitting the medical certification. Nor does FMLA permit an employer to withhold approval of a request for FMLA leave if an exact schedule of leave is not submitted. 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.”  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. 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 in violation of Article 5 by taking unilateral action against employee John Doe affecting his 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 18 U.S.C. Approve employee John 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