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, 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 5-6-06 employee Jane Doe received a letter of denial for FMLA. Employee Jane Doe on 4-14-06 notified her supervisor that on 4-21-06 she need to take advance FMLA leave for a doctor’s appointment. Employee Jane Doe was asked by her Supervisor for recertification of FMLA. On 5-3-06 employee Jane Doe submitted her recertification to the FMLA office on time. On 5-4-06 FMLA administrator Moron sent employee Jane Doe a denial letter on her FMLA stating No documentation submitted by due date. FMLA office is in violation of 29 CFR 825.308(d) the employee must provide the requested recertification to the employer within the time frame requested by the employer (which must allow at least 15 calendar days after the employer’s request), unless it is not practicable under the particular circumstances to do so despite the employee’s diligent, good faith efforts. Employee Jane Doe submitted the FMLA certification with in 15 days of the doctor’s office visit to FMLA administrator Moron in good faith. FMLA administrator Moron is refusing to Authorize employee Jane Doe FMLA recertification. The FMLA office has knowledge of employee Jane Doe qualifying FMLA condition since 2003. And states the FMLA condition on the ERMSR913 report case ID 007. Employee Jane Doe submitted medical documentation twice in January of 2006 to FMLA office and Medical Unit. The Health Privacy Act 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.”  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 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 18 U.S.C. 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