This tragic story is about a Military Service Veteran that has lost his 20 year service Pension resulting from his Wrongful Termination by the United States Postal Service.
James Coe a Postal Service employee was Wrongfully Terminated from his position by the United States Postal Service on August 16, 2005 after 15 years of service at the Postal Service for violating the terms and conditions of a Last Chance Agreement signed during a (MSPB) Merit Systems Protection Board Hearing on December 8, 2004.
Mr. Coe is Black, African American, Preference Eligible, Honorability Discharged, Disabled Vietnam Era Veteran. Mr. Coe is a highly educated black professional who worked his way through a 4-year B.S. college degree majoring in Electrical Engineering at Temple University in Philadelphia P.A. In addition, Mr. Coe earned several Technology Certifications from MIT Boston.
Shortly after enlisting in the military Mr. Coe successfully completed his 6 months special military postal service training job elective code (71F-20). Mr. Coe served his three year tour of duty as a Military Staff Division Postal Officer in the 4th AD Division and was given a Military Classified Clearance. Mr. Coe was honorably discharged from the military with a rank of Sgt. First Class (E-5) his Military to Federal Civil Service job code conversion title and level listed in the Federal Job Code Digest converts to United Service Postal Service Postmaster (EAS-21).
I would hope every American would agree federal employment rights in America should be equal, however, Mr. Coe’s workplace history shows otherwise when it comes to Black employees at the Postal Service’s Processing and Distribution Center in Edison NJ. Mr. Coe alleges retaliation and disparage of treatment with regard to Last Chance Agreements between black and white employees.
Can we agree that under the United States Bill of Rights every American citizen is legally entitled to full due process regards of Race, Color, Religion, Sex, Disabilities in Mr. Coe case his constitutional and employement appeal rights per section 159(a) of the National Labor Relations Act under fair presentation and the Collective Bargain Agreement’s "Just Cause Rule" were clearly violated. In addition, preference eligible veterans are entitled to Merit Systems Protection Board due process by virtue of 5 U.S.C. §7701.
Can we agree Mr. Coe a veteran who has served his country has earned his right to due process.
Can we agree any fair and balanced investigation into the Wrongful Termination of Mr. Coe must take into account the complex terms and conditions of Mr. Coe's (CBA) Collective Bargaining Agreement. There is an old staying you couldn’t play the game, if you don’t know the rules.
I am going to take you on a guided tour of the terms and conditions for employees working at the Postal Service using an analogy of Major League Baseball. Baseball in divided into two Leagues the National League and the American League. Like most Federal Agencies the Postal Service has two separate workforces referred to as Bargaining Employees (Unions) and Non-Bargaining Employees (Management). Like Major League Baseball is divided into two different Leagues with teams in each league. The Postal Service divides it’s Bargaining Employees into different Unions within the Agency.
The terms, conditions and employee benefits are not equal for each union therefore one must look closely at the (CBA) Collective Bargaining Agreement in order to affirm that all the rules have been followed per the Collective Bargaining Agreement.
Mr. Coe is a member of Local 300 AFL-CIO of the National Postal Mail Handlers Union and his employment terms and conditions are thus governed by the rules of the NPMHU (CBA) Collective Bargaining Agreement.
At this point, Mr. Coe a Preference Eligible Veteran has exhausted all his administrative appeal rights within the scope of the Collective Bargaining Agreement.
Step: 1 Disciplinary Action
On March 31, 2005 Mr. Coe was wrongfully placed on Emergency Off Duty Status for Insubordination by supervisors Tony Brullo and John Zpyhulsky.
NPMHU CBA: Article: 16.7 P-86
Emergency Procedure Rule
An employee may be immediately placed in an emergency off duty status without pay by the employer, but remain on the rolls where the allegations involves intoxication (use of drugs or alcohol), pilferage, failure to observe safety rules and regulations, or in cases where retaining the employee on the duty may result in damage to U.S. Postal Property, loss of mail or funds, or where the employee may be injurious to self or others. The employee shall remain on the rolls until disposition of the case has been had. If it is proposed to suspend such an employee for more than 30 days or discharge the employee, the emergency action taken under this section may be made the subject of a separate grievance.
Footnote: (1) Mr. Coe was never properly charged with any violation cited in the Collective Bargaining Agreement under article 16.7 and the Union fails under the duty of fair representation grievance (#TH-05-11) in whole or in part on May 5, 2005. (1a.) What if, any documented duty of fair representation has the union taken since May 5, 2005?
Step: 2 Disciplinary Action
NPMHU CBA: Article: 16.5 P- 85
Suspensions of more than 14 Days or Discharge Rule
A. In the case of suspensions of more than 14 days, or of discharge, any employees shall, unless otherwise provided herein, be entitled to a written notice of the charges against him/her and shall remain either on the job or on the clock at the option of the Employer for a period of thirty (30) days. Thereafter, the Employee shall remain on the rolls until disposition of the case has been had either by settlement with the` Union or through exhaustion of the grievance-arbitration procedure.
B. A preference eligible veteran who chooses to appeal a suspension of more than 14 days or his discharge to the Merit Systems Protection Board (MSPB) rather than through the grievance-arbitration procedure shall remain on the rolls until deposition of the case has been had either by settlement or through exhaustion of his MSPB appeal. When there is reasonable cause to believe an employee is guilty of a crime for which a sentence of imprisonment can be imposed, the employer is not required to give the employee the full 30 days advance written notice in a discharge action, but shall give such lesser number of days in advance written notice under the circumstances is reasonable and can be justified. The employee is immediately removed from a pay status at the end of the notice period.
Footnote: (2) Mr. Coe is a preference eligible veteran with Merit System Protection Board appeal rights.
NPMHU CBA: Article: 16.6 P- 85
Indefinite Suspension - Crime Situation Rule
The Employer may suspend an employee in those cases where the Employer has reasonable cause to believe the Employee is guilty of a crime for which a sentence of imprisonment can be imposed.
Footnote: (3) According to Article 16.6 of the Collective Bargaining Agreement Mr. Coe was wrongfully placed on Indefinite Suspension by the Postal Service not as a result of any known criminal activity charges.
(4) According to Article 16.5 of the Collective Bargaining Agreement the Postal Service failed to issue Mr. Coe a written 30 days advanced statement before his Indefinite Suspension stating all the charges against him.
Step: 3 Disciplinary Action
On August 16, 2005 Mr. Coe was Wrongfully Terminated from the Postal Service by Kilmer Processing & Distribution Plant Manager Victor Pacheco who issued the Final Decision letter on June 15, 2005.
NPMHU CBA: Article: 16.8 P-86
Review of Discipline Rule
In no case may a supervisor impose a suspension or discharge upon an employee unless the proposed disciplinary action by the supervisor has first been reviewed and concurred in by the installation head or designee.
The morale of this story is your employer can neither make you waive your Constitutional Rights under federal law nor Retaliate against you for exercising your Protected Rights under Title VII of the 1964 Civil Rights Act.
===================================================================
How To Get In Touch
===================================================================
James Coe
P.O. Box 6992
Piscataway NJ 08854
email: fightback@cybercommando.com
Tuesday, May 16, 2006
Subscribe to:
Posts (Atom)
