Marley v. Donahue et alREPLY BRIEF in OppositionD.N.J.November 21, 2016Mary-Ellen Marley 14 Hillside Ave Westville, New Jersey, 08093 609-206-2616 Plaintiff, Pro Se Hand Delivered Ann B. Taylor Assistants Attorney 401 Market Street, 4th Floor Camden NJ.08101 Re: Marley v. Donahue et al Civil Action # 14-1597 Miss Taylor, ZG/b f·!QV "I A S ' . l. ; 5 q Enclosed is a courtesy copy of Reply Brief in Opposition for Summary Judgement,filed today in the above captioned number. Thank you, ~·~,, ···~ r l\CshJ Mary Ellen Marley Case 1:14-cv-01597-JBS-JS Document 57 Filed 11/21/16 Page 1 of 109 PageID: 1617 Mary-Ellen Marley 14 Hillside Ave Westville, New Jersey, 08093 609-206-2616 Plaintiff, Pro Se UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY MARY-ELLEN MARLEY, PRO SE, Plaintiff, v, PATRICK R. DONAHUE, POSTMASTER GENERAL OF THE U.S.P.S. Defendant HONORABLE JEROME B. SIMANDLE Civil Action No. l 4-1597(JBS)(JS) REPLY BREIF IN OPPOSITION OF DEFENDANTS'S MOTION FOR SUMMARY JUDGEMENT On the Brief: Mary-Ellen Marley Prose MOTION RETURNABLE November 7, 2016 1 Case 1:14-cv-01597-JBS-JS Document 57 Filed 11/21/16 Page 2 of 109 PageID: 1618 Introduction Defendant moved for summary judgement To assert a claim ofreprisal, the Federal Employee need only allege sufficient facts to show a prima facie case of reprisal. 2 1. Complainant engaged in protected activity 4C080-0065-08 and 4C-080-0015-09. Also, Supervisor Edwin Schofield in July 2008 stated to complainant that he was aware that I was not in the union and asked for help in "getting those overtime hounds" complainants response was "We all do a great job and that management was the problem trying to manipulate the numbers. And I (complainant) had an EEO claim being investigated as we spoke". 2 days later I (complainant) was given a Letter of Warning. (SEE EXHIBIT 1) 2. Agency was aware of complainant's complaints by way of affidavits for 4C-080-0065-08 and 4C-080-0015-09 Supervisor Sharon White dated 7/17/2008. 4C-080-0065-08 Faye Tanksley USPS Human Resource dated 7/24/2008 4C-080-0065-08 (SEE EXHIBIT 2) Isacce Morris Labor Relations Manager 7/28/2008. 4C-080-0065-08 (SEE EXHIBIT 3) Edwin Schofield Supervisor revised the Standard Operating Procedures for letter carriers dated 7/15/2008 (SEE EXHIBIT 4), Edwin Schofield Supervisor only enforced the rules on complainant while the comparator employees were treated more favorably in fact the investigator note in the file for 4C-080-0065-08 the matrix indicates no male employees were charged with Leave with Out Pay. While the Plaintiff was charged Leave with Out Pay. (SEE EXHIBIT 5) Evelyn Hunley Postmaster Affidavit dated 3/29/2009 4C-080-0015-09 (SEE EXHIBIT 6) Edwin Schofield Supervisor affidavit dated 3/23/2009 4C-080-0015-09 (SEE EXHIBIT 7) 3. Complainant was subject to adverse treatment by the Agency when complainant was issued: Case 1:14-cv-01597-JBS-JS Document 57 Filed 11/21/16 Page 3 of 109 PageID: 1619 Letter of warning 7 /l 7 /2008 same day Supervisor Sharon White Completed her official affidavit for case 4C-080-0065-08. This letter of warning warns complainant will face suspensions/reduction in pay and removal from the Postal Service. (SEE EXHIBIT 8) 3 7-day suspension dated 7 /29/2008 this suspension also warns complainant will face removal for the Postal Service. This suspension is given one day after the Isacce Morris Manager of Labor Relations completed his affidavit dated 7/28/2008. (SEE EXHIBIT 9) 14-day Suspension dated 8/16/08 again warns the complainant will face removal. (SEE EXHIBIT 10) 4. A nexus exists between the protected activity and the adverse treatment. The comparator employee Tom Robinson 14-day suspension dated 12/10/2009 states two past discipline actions taken against him. The Defendant never warned comparator employee in all three of his discipline that he would face removal. The Complainant was warned in letter of warning dated 7/17/2008, 7-day suspension dated 7/29/2008 and 14-day suspension dated 8/1612008 that complainant would face removal, the comparator Tom Robison was never threatened with removal in his discipline and was treated more favorably than the plaintiff. In fact, the comparator discipline shows instances in which he was treated better for offenses of more seriousness. Comparator Tom Robinson was placed on Restricted Sick Leave for excessive unexcused absences. While the complainant was never on restricted sick leave and was regular in attendance. (SEE EXHIBIT 11) Comparator Employee Tom Robinson Notice of 14 calendar day suspension charge was unsatisfactory job performance/ improper conduct when Comparator Tom Robison called the Supervisor an "asshole". Supervisor Ed Schofield said he created a "hostile work environment". The Supervisor states comparator is unprofessional; he spoke loudly and disrespectful. Yet his three discipline records never mention he could be removed from the postal service for his actions. Plaintiff was warned she would be removed in all discipline cited in the removal letter dated I 0/20/2009. (SEE EXHIBIT 11) On September 21, 2001 Complainants Postmaster Catherine Knox wrote a letter to the SUPERIOR COURT OF NEW JERSEY HONORABLE JOHN TOMASELLO, J.S.C concerning complainant Mary Marley. "SHE HAS WORKED FOR THE UNITED STATES POSTAL SERVICE FOR APPROXIMATELY 22 YEARS. SHE WORKS VERY HARD AND IS DEDICATED TO DOING A GOOD JOB. HER PRIMARY JOB CONSISTS OF CASING AND Case 1:14-cv-01597-JBS-JS Document 57 Filed 11/21/16 Page 4 of 109 PageID: 1620 DELIVERING THE MAIL FOR HER ROUTE. SHE DOES THIS DAILY IN AN EFFICIENT MANNER. I HA VE NEVER HAD A CUSTOMER COMPLAINT ON HER ROUTE SINCE I HA VE BEEN POSTMASTER. (SEE EXHIBIT 12) Attached is a copy of the standard operating procedures for letter carriers at the Sewell Post Office while Catherine Knox was Postmaster. Attached is a copy of the revised Standard operating procedure changed on July 1 S, 2008 written by Ed Schofield and copied to Postmaster Evelyn Hunley. This SOP violated the M-4lconcerning when letter carriers should turn in the 3996. The SOP states letter carriers are to turn in the 3996 by 8:30 am which is in violation of the M-41. although complainant was charged in her removal letter dated l 0/20/2009. Letter of warning 7/17/2008 was for violating a SOP rule that 3996's are to be turned in by 8:30 am which contradicts what the M-41 says. Complainant contends this letter of warning was in retaliation for affidavits provided and completed by Sharon White Supervisor, Faye Tanksley Human Resources, and Isacc Morris Labor Relations Manager. How can complainant suddenly become unreliable after 29 years of service? If a letter carrier is expected to make an estimate of time it takes to deliver a route, then it is unreasonable for management to fault the carrier when the DOIS estimate proves not to be accurate. An estimate is a rough calculation. While accurate means "having no errors". It is safe to say my guess was more accurate than the USPS DOIS projection. Forn1al EEO complainant filed 1/14/2009 4C-080-00IS-09 December 22, 2008 complainant was notified of a pre-hearing conference scheduled for March 12, 2009 for case 4C-080-0065-08 the defendant was aware of the complainant's complaint Removal for Complainant dated 3/9/2009 is retaliation for 4C-080-0015-09 Dec. 1, 2008 (SEE EXHIBIT 13) March 12, 2009 completed affidavit by complainant for EEO 4C-080-0015-09 question 3 3 complainants testified the emergency placement and removal (2/20/2009) I am now facing is a result of that grievance being won. It is total retaliation. (SEE EXHIBIT 14) March 14, 2009 complainant was ordered to report to the supervisor's office where Ed Schofield and Sharon White both supervisors ordered complainant to take off her postal sweatshirt to confirm complainant had a regulation postal shirt underneath. All Comparator employees were never subjected to such treatment. 4 Case 1:14-cv-01597-JBS-JS Document 57 Filed 11/21/16 Page 5 of 109 PageID: 1621 March 23, 2009 Completed Affidavit from Supervisor Ed Schofield for EEO 4C-080-0015- 09 (SEE EXHIBIT 15) March 27, 2009 Completed Affidavit from Postmaster Evelyn Hunley for EEO 4C-080-0015-09 (SEE EXHIBIT) Complainant was returned to duty on 5/8/2009 but was not returned to her regular position and was transferred to the Deptford Post Office. 6/9/09 complainant was returned to her position at the Sewell Post Office. This was retaliation and plaintiff could not return to her position at the Sewell Post office until complainant dropped the charges, Complainant assumed the retaliation would cease. Instead the retaliation continued. 711712009 Complainant records indicate she had the best performance of all the comparator employees. Percent to standard and DOIS using the 18 and 8 standards. On this date complainant was 79% to standard. (SEE EXHIBIT 17) Example: carrier receives 1500 letters carrier gets SJ minutes to case the letters Letter 1500 divided by 18 = 83 minutes casing Flats 450 divided by 8 = S6 minutes casing Total time 167 minutes l'otal 1950 divided by 70 = 28 minutes withdraw lOOo/o to standard Example 2 Letter 1500 actual time 18 =75 minutes casing Flats 450 actual time 8 =49 minutes casing Total time 147 minutes Total 1950 actual time 70 = 23 minutes withdraw 88°/o to standard 147/167=-0.880 In this case the percent to standard is 12% less than 18 and 8 carrier cases 12o/o faster Examplc3 Letter 1500 actual time 18 =92 minutes casing Flats 450 actual time 8 ~5 minutes casing Total time 187 minutes Total 1950 actual time 70 = 30 minutes withdraw 112°1. to standard (187/167=1.119) In this case the percent to standard is 12°10 more than 18 and 8 carrier cases 12% slofl.'er (SEE EXHIBIT 18) On 7 /29/2009 complainant was advised she would be receiving an additional 67 homes added to her route. When the defendant adds homes to a route, this takes additional time to deliver. Complainant was not afforded additional time to deliver mail to the additional homes. She was subtracted time. While all other Routes were awarded extra time. (SEE EXHIBIT 19) 8/15/2009 complainant was officially added 67 homes to her already overburdened route. 8/15/2009 Supervisor added 67 homes/stops to complainant's route, Supervisor claimed this was 30 minutes of work from excessed route 5. Supervisor Schofield ordered Complainant to back 5 Case 1:14-cv-01597-JBS-JS Document 57 Filed 11/21/16 Page 6 of 109 PageID: 1622 off the street in less time than it took complainant without the addition of 67 stops. (SEE EXHIBIT 19) 8/15/2009 2 hours' overtime request was denied. (SEE EXHIBIT 19) On 8/24/2009 complainant was told By Supervisor Ed Schofield "there is no room for you in my Post Office get out" (SEE EXHIBIT 20) 9/8/2009 Supervisor Sharon White accompanied complainant on her route complainant was not told she would be evaluated and stated "you could have told me you were going to follow me which Supervisor White stated "I did not know I was, Evelyn told me to". complainant worked tilt 6:20pm. (SEE EXHIBIT 21) 9/10/2009 A Supervisor named Jeff White from the Sicklerville Post Office was sent to the Sewell Post office to count and observe the complainants route. Complainant did not return to the post office till after 6pm. The Management team then concurred on the presentation of a 4 Page Brief to accompany PS form 3999 Inspection of Letter Carrier. (SEE EXHIBIT 21) 9124/2009 Supervisor Sharon White request for disciplinary action to Labor Relations states "dating back to 2006" the National Contract for letter carriers states you cannot go back more than two years for disciplining employees. This violates of Article 16.10 and 16.2 of the letter carriers contract. (SEE EXHIBIT 22) I 0/512009 complainant put on emergency placement 10/6/2009 told to clock out and turn in official badge. l 0/20/2009 removal of complainant. Defendant inconsistent enforcement of the rules to the comparator employees were compiled by the union for removal of Complainant dated 10/20/2009 the results were Hanna (male) did not fill out a 3996's on 1012, 10110, 10/17 and 11/3/2009. Olsen (Male) 10/2, 10117/2009, Benevento (male) 10/2/2009, Sharkey (male)l0/2, 10/3/2009, Robinson (male) 10/2, 10/10, 10/17, I J/4/2009. While the plaintiff was disciplined and comparators were not disciplined. (SEE EXHIBIT 23) 6 Postmaster Evelyn Hunley in a statement for the 10/5/2009 emergency placement stated that complainant "disrespected every manager that has been employed at the Sewell Post Office past and present" this contradicts an official correspondence from Catherine Knox Postmaster Sewell Post Office written On September 21, 2001, to SUPERIOR COURT OF NEW JERSEY HONORABLE JOHN TOMASELLO, J.S.C., and placed in OPF, which stated "SHE HAS WORKED FOR THE UNITED STATES POSTAL SERVICE FOR APPROXIMATELY 22 YEARS. SHE WORKS VERY HARD AND IS DEDICATED TO DOING A GOOD JOB. HER PRIMARY JOB CONSISTS OF CASING AND DELIVERING THE MAIL FOR HER ROUTE. SHE DOES THIS DAILY IN AN EFFICIENT MANNER. I HA VE NEVER HAD A CUSTOMER COMPLAINT ON HER ROUTE SINCE I HA VE BEEN POSTMASTER. (SEE EXHIBIT24) Case 1:14-cv-01597-JBS-JS Document 57 Filed 11/21/16 Page 7 of 109 PageID: 1623 During the investigation of the emergency placement I 0/5/2009 for plaintiff witnesses were questioned by the union asking "did you hear Mary Marley Plaintiff say anything that was threatening, abusive, belligerent, or offensive? Mike Small replied NO and signed an official document on 11118/09. Ken Biehl also replied no dated 11/20/2009. (SEE EXHIBIT 25) 12/22/2009 The Dispute Resolution Team has resolved the grievance for 100509 placing the complainant in an off-duty status without pay. BASED ON THE FACTS IN THE FILE MANAGEMENT DID NOT SHOW JUST CAUSE TO PLACE THE GRIEVANT IN AN OFF- DUTY STATUS WITHOUT PAY UNDER PROVISIONS OF Article 16. 7 IN THE JCAM. AS A REMEDY, THE GRIEVANT SHALL BE RETURNED TO DUTY AND LOCAL MANAGEMENT WILL PROCESS A PAY ADJUSTMENT COMPENSATING THE GRIEV ANT FOR ALL LOST WAGES AND BENEFITS FROM 10/5/2009. (SEE EXHIBIT 26) 7 Case 1:14-cv-01597-JBS-JS Document 57 Filed 11/21/16 Page 8 of 109 PageID: 1624 Mary-Ellen Marley 14 Hillside Ave Westville, New Jersey, 08093 609-206-2616 Plaintiff, Pro Se UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY MARY-ELLEN MARLEY, PRO SE, Plaintiff, v, PATRICK R. DONAHUE, POSTMASTER GENERAL OF THE U.S.P.S. Defendant HONORABLE JEROME B. SIMANDLE Civil Action No. 14-1597(JBS)(JS) CERTIFICATE OF SERVICE I hearby certify that on November 16, 2016 I caused a copy of Plaintiffs Mary-Ellen Marley's Reply Brief in Opposition of the Motion for Summary Judgement, with attached exhibits, and this Certificate of Service that I have hand delivered to the clerks office. Paul J Fishman United States Attorney Anne B Taylor Assistant US Attorney 401 Market St. PO Box 2098 Camden NJ, 08101 856-757-5031 9 Thank You, Mary-Ellen Marley (PRO SE) Case 1:14-cv-01597-JBS-JS Document 57 Filed 11/21/16 Page 9 of 109 PageID: 1625 EXHIBITS 8 1. Plaintiffs Responses to objections 2. Faye Tanksley Affidavit 4C-080-0065--08 3. Isacce Morris Affidavit 4C-080-0065-08 4. Revised SOP July 2008 signed by Edwin Schofield 5. Comparative data 4C-080-0065-08 6. Evelyn Hunley Affidavit 4C-080-0015-09 7. Edwin Schofield Affidavit 4C-080-0015-09 pages 1-3 pages 1-8 pages 1-5 8. Letter of Warning Complaint 7/17/2008 pages 1-2 9. 7 Day Suspension complainant 7/29/2008 pages 1-3 10. 14-day Suspension 8/16/2008 pages 1-2 11. Tom Robinson Comparator 14-day suspension pages 1-2 12. Letter from Catherine Knox Postmaster Sewell NJ to Superior Court of NJ pages 1-6 13. Pre-hearing conference notification dated 12/22/2008 for hearing schedule March 12,2009 14. Complainant Affidavit 15. Edwin Schofield Supervisor 4C-080-0015-09 16. Evelyn Hunley Postmaster 4C-080-0015-09 17. Complainant Standard was 79 % 18. Percent to standard sheet 19. Addition of 67 stops to complainant route 20. Counselors report for Complainant 8/2412009 removal 1 page 1 page 1 page 21. Route Inspection Pages 1-4 22. Request for Complainant Disciplinary action from Sharon White Supervisor Pages 1-4 23. Comparator Evidence 24. Evelyn Hunley Postmaster Statement 25. Witness Statement Small and Biehl 26. Grievance Settlement agreement Pages 1-2 1 page 1 page pages 1-4 Case 1:14-cv-01597-JBS-JS Document 57 Filed 11/21/16 Page 10 of 109 PageID: 1626 Case 1:14-cv-01597-JBS-JS Document 57 Filed 11/21/16 Page 11 of 109 PageID: 1627 CV-# 14-1597 Mary-Ellen Marley {Pro-Se) 14 Hillside Ave. Westville, NJ 08093 United States District Court District of New Jersey Mary-Ellen Marley, Pro-Se Plaintiff, HONORABLE JEROME B. SIMANDLE v. • PATRICK DONAHUE, et al., Defendants Civil Action No.14-1597 (JBS) (JS) Plaintiffs Responses to Objections and Responses The relevancy of the requested documents will show without a doubt that the Plaintiffs' Performance was consistent and within schedule and variances. The Retaliation claim is directly connected to Performance evaluations and deliberate Hypercritical Discipline. On August 24,2009 Plaintiff was approached and reprimanded in a harassing and ignorant manner! Supervisor Edwin Schofeild maliciously approached Plaintiff and cocked his leg and thrust his crotch in Plaintiffs face and told her "There is no room for you in my Post Office get out!!" Plaintiff was devastated, distraught, and completely broke down. Plaintiff immediately went home and called the EEO 800 number to state a claim of retaliation for past protected activity including EEO filings 4c-080- 0015 in 2008 and OWCP claim in 2006. Supervisor Schofeild deliberately harassed and belittled Plaintiff on a daily basis. From the time supervisor Schofeild arrived at the Sewell Post Office June of 2008 till the Plaintiffs resignation, claiming that all employees despised the plaintiff for bringing charges and deemed the plaintiff crazy and unfit to work. The recent past had indicated a noticeable change in daily volume variance that the carrier faces every week. Admittedly, these changes have also introduced challenges for local management on particularly 14- l S97 i Case 1:14-cv-01597-JBS-JS Document 57 Filed 11/21/16 Page 12 of 109 PageID: 1628 CV-# 14-1597 light volume days. Unfortunately, management had disregarded the obvious by ignoring the National Contract, the Postal Operations Manual, and both Supervisor and Letter Carrier Handbooks. Natural under time for a carrier can only be documented at the end of the day when the carrier has successfully completed all of his/her duties as outlined in the M-41 Carriers Handbook. Management has a non-contractual tool of predetermining carriers "estimated" workload on any given day. This management tool has not been nationally approved or recognized as bona fide. It is this estimation only, that was used to intimidate Plaintiff into working extra time (pivot) and then punished Plaintiff with false accusations of not following instruction and working Unauthorized overtime! Supervisor Schofeild approached me in July of 2008 stating he knew I was not in the union and asked for my help in "getting those overtime hounds". I stated "We all do a great job and that management was the problem trying to manipulate the numbers. And I had an EEO claim being investigated as we spoke" 2 days later I was given a "Letter of Warning" the beginning of a calculated issuance of Discipline resulting in Removal December 1,2008 and again denying any chance of advancement. EEO 4C-080-0065-08 was scheduled for a hearing at the time of removal December,2008. Henry Wilson was sent to the Sewell Post Office by Postmaster of Salem Daryl Hester as a 204B (temporary supervisor). Daryl Hester was involved in the claims of falsifying official forms and encouraging supervisor to intimidate and harass, brought forth by plaintiff. Daryl Hester (Officer in Charge at the time) also Wrote a "Letter of contra version" to an OWCP claim filed in 2006 and Postmaster Evelyn Hunley placed said letter in a grievance brought forth by the National Association of Letter Carriers. Which led Plaintiff to file her first EEO in 2007. All Protected Activity! Plaintiff has always claimed that her Performances in her duties were well in compliance with Postal Regulations. And Management deliberately manipulated the numbers to make their case of misconduct. Because Plaintiff resigned from the union in 2006 attempting to advance her position in the Post Office. Plaintiff represented herself. Management refused to answer claims of falsifying daily workload and performances and forced her to use union representation. Management used personal information about the plaintiff to state a claim that Plaintiff was unfit and unworthy of her position. Plaintiff sought discovery information to see where she differed from other employees' performances. Yet with no uncertain terms has been denied repeatedly. Moreover, was condemned for suffering depression, anxiety, hearing loss, and alcoholism. The relentless accusations wore the Plaintiff down and caused her to finally resign her position at the Post office. Plaintiff will argue that the tactics used against her by management were to cover up and protect management from the claims brought forth by plaintiff and promote dissension and ostracize the plaintiff from union carriers! Informing the union that Plaintiff was a whistle blower. Edwin Schofeild knew of Plaintiffs EEO and denied under oath at EEO hearing that took place in 2012, 3 years after the claim was made, that he knew or was involved. Even though he submitted affidavit in March of 2009. Edwin Schofeild submitted absence analysis claiming he was not present on August 24,2009. It was brought forth by time records that in fact he was present on August 24,2009. The record shows that Case 1:14-cv-01597-JBS-JS Document 57 Filed 11/21/16 Page 13 of 109 PageID: 1629 CV-# 14-1597 after Schofeild blatant harassment and disgusting behavior he then changed his time records. The hearing record shows Sharon White erased all information from her computer and could not remember any details except she found the plaintiff unfit for duty . . On February 20, 2009, Edwin Schofeild went as far as removing the Plaintiff by the Police for Talking loudly and challenging his knowledge and motives. Plaintiff went to the Mantua Police department and pressed charges against Edwin Schofeild. The record shows the Plaintiff was kept from working until May of 2009. Not to her route bid but to another installation stating Plaintiff could not return until she dropped charges. EEO Dispute Resolution Specialist (DRS) Inquiry report dated 1/21/09 states that Schofeild was not involved but Plaintiff mentioned in the past that she would file an EEO. The Objections brought forth by the Defendants are a blatant disregard of the facts and timeline of the claims. Plaintiff had requested this information time and time again. Defendants have consistently badgered the Plaintiff to cover up and mislead the ongoing investigations on the grounds that plaintiff was unfit for duty and her claims were ignored. The discovery information requested will show Plaintiff was retaliated against repeatedly during all investigations. And projections were the only base of their claims that plaintiff refused to follow instructions. Projections that they themselves created. There was no gross misconduct only their word that plaintiff did not follow orders and was incapable of doing so. The Time records that were sent as discovery show Part Time Flex carrier employee (Amy Hopkins) worked more hours (2027 hrs.) and overtime (210 hrs.) than any other carrier in 2009. Miss Hopkins is now being advanced in her position. The discovery documents requested are evidence that Plaintiff was singled out for pursuing claims of misconduct by management. Plaintiff again asks for this information ... to force the defendant to give proof of misconduct and unsatisfactory job performance. Mary-Ellen Marley (Pro Se) cc. .. Anne Taylor B. Taylor Assistant District Attorney 3 Case 1:14-cv-01597-JBS-JS Document 57 Filed 11/21/16 Page 14 of 109 PageID: 1630 Case 1:14-cv-01597-JBS-JS Document 57 Filed 11/21/16 Page 15 of 109 PageID: 1631 U.S. Postal Service • .-P""age-""No,_,.-,No,,.--."'Pagt!$~-~ EEO lnvesti ative Affida-.. •• Witness 1 ,5). . · Olfl> ODb~- 1 Affiants Natne (Last.- Fit$t. Ml) ·7ANY..5.Ltf f;v£ £ 2. Employklg Postal Facnity .,. .... 1 _Jf;i<::.t~ ···u.s-r£.c.• 3·.Pooioon ntte i 4. Grade~ 5. Poolal Mdm6 - Zip ""4 q '191/ 6. Unit Assigned -~ R f(\ s. Pt.u IO\C. s..,... r 1'Bot q oo t --&,u "' o'Wf, p • ,: t " • - ~ PrMlcy Act-· The colteclion of !his lnbntatiQn is - by •ne Eoval Empl0)<1lllnl OppOrtuntty /V7. of 1972. 4Z u.s.c. § 20009-16: tne Age DisQrimlnation in fn>plc¥nent Act of 1967 ... """""""· 29 'J.s.c. § 633•: the ReOabilllBllon Act of 11173 ... ~. 211 u.s.c. § ?94a: and Exec:utNeOrder 11478. as amended. Thisintlnnelon •be oseQrllift. //iS a roulill8 usa, tin illfOmtalion may be dis- lo on OIJl)fOlll1ate gowrnment -· - o< fOlelQn, fof low enlorcement purposes; -· perllneo>~ in ~ logol proceeding to wtilofl the USPS Jo a party or has an - to a govemmenl agency in order lo ob'tatn i:nfonnalbrl ~ to a USPS decision_ coneefning empk>ymrt $8CUritf dearanQes. ~. ~ grants. pennit& or other benefits: toe government agency upon fts-request ·Nhen relevant to ltsd_..,<>OnOilmlng ~\ llOQlllly-Cleano-. security or sui1abillfy \iweSligatlono. can-. -· grails or - beneftts: tD a OOI igr e:;::sitml offlCe at your request, to an eXJ)'trt. consultant .. --- --... UsPS ID fulfll.in~ function: ID the Fedenll ~ Center fO< """-'ID the Olka of .'""-nl and-~ fur ·- of ~- - ~; to "" ind-ldloyment CommisSion for lnvesligatiOn ot a formal EEO complaint undoir 29 CFR 1614: to the Merit Systems Ptotedlon Board or Office of SP9dal_ Counsel for proceedings or ilWefdlgaliona lrM>Mng P""""'""' l>fl'<:Mces and ollle< matton within lh0e employees an91sps.oov. South J~!!!!~----· PO Box 9001. Bellmawr, NJ OB099 856-933-4416_ I l"1 Mmele. 50years old. My date of birth ts 3123/1958. I belleve the complainant to be 1emale 2006. I am unaware of all)' modiaal mparm.,m. I haw never receNed any medk:al documentaUon e.bout a medical tmpairment. I hove no knowledge of Cofl\P'alnant's light or ttmite forll(J doysfmm -°'--""°" l ls wn1Aater1 andsignect A blank CA-16CX>Uld be used by ,,p.1597 147 Affidav\l ~ no ~ « recordS raated lo !hi& EEO oomplaint. ---------------·--·-.. ... -·---·-------·----------------------------·-- ·------------------------------------·- ......... ·---·-··------ ---------------------------------- ·-----·----- __ .. _____ .. ·------~-~----0.,...--:---,--::--:-:::--.,.---;:-,~c:-=-=c=c.-----·-· .. --- I declare under penalty al l*:!UfY that the foregoing Is true and correct. -·-·--r-------------·----------------,.·oaies;gn.o-----·----- AW.aor~ M• /l ,f l,(u 7 4v /~.aoo.< - ; 14· f :'I { ">~/(it fl- . y--: -··--:-"' ~ c7 , , PS Form 2 , Mareh 2001 ( \j 14-- '_\ c,rr1 148 Affidavit (_ ~ Page At_ Case 1:14-cv-01597-JBS-JS Document 57 Filed 11/21/16 Page 17 of 109 PageID: 1633 • • U.S. Postal Service Certification ----------------- J Case No. ···--- .. ________ ____ !ii;_ · C/'60 · OQt.:,5· ·OS' I have read the proceeding attached statement, (;OnSlsting of.){. pages, and it is true and complete to the best of my knowiedge and belief. In making this statement, I understand Section 1001, TiHe 18 of the U S. Code which states: "Whoever. in any manner within the jurisdiction Of any department or agency of the United States knowingly and willfully falsifies. conceals or C011ers up by any trick. scheme or device a material fact, or makes any false, fictitious or fraudulent statements or representation, or makes or \.ISe$ any false writing or document knowing the same 10 contain any false, fictitious or fraudulent statement or eniry, shall be fined not more than $10,000 or imprisoned not more than 5 years, or both." Privitcy kt ~: The ~ of ttiis Wol'Tnattoo i:5 autnorized by 1"~ EQus! Emplo)"'181'11 Opportunity Act of 1912:. 4-2 USC. 20oGe·16: I~ Age Oi5Crimmati0n _in Empio)Mienl. N;:t of 1967, .s ~. 2$ .i S.C.63.3a; Th~ ~Jitation M.. -of ,973, as ~. · 29 U..S.C. .';)4a_ a!ld e~ Ofdet t 1478."as ~- Tit:s Inf~ Wll t1e ,j~(t t:; ~~cl aM1QeC1-~ l'l'ld to eva11aile 'f,Q ett.cweo~ of the "E-EO prqJ'llm. A$ a~ Uile; d1ls IU\wlh.alc:A! may be_ dlsclofed ~ an appf'optlatt govtm"1Qnt a,.,.w;v, dQmestic:: or forei9n, for law purposes; ~ ~ in a legal procHding to wf'l(:h the USPS !$ a '8rty 0t has -.n ~ ui a goYemmeo\ agency irl order kl Oli1llltn tnfotmPoo ~ to a USPS decision conQi!rnlng ~~ ~' ~ '·r.i>n~"7 IJ!WI~. ~~ nr~f)l!mf)fi3~ lO a govemment il{!llntyUl)IHl :\'> T~t 'l'fhlin rele¥iult tO Its ~ ~ng- esupfo,.metll s~ufity cid~s. U!Olriiy « SUd:tbiify ~. contraQI, .c:enses. grants or (l(hef benefl1s; to a congt"8loul atlot-M )'OLr' reqUesl;_- '° •rt upert. cOn.sufl.ant. or 0th« 1)1!'!($0(\ urieler eontf'$¢l_ with tne USPS tofulJI 1n" 1QeOOY function; to lt'9-Feder.r! Records Cfll'ltel fOf--storage. 10·u-.e_QfliCe: d ~...,.11111M1t Mid Bt.ldgM; for J'9'rifW of p(tv.Tie .celiefle'Jl$Jabon . to aft ;wjepeiitdlwll-~"'* ~ dt.lnr1G _an offidal 3\ldtl. 01 USPS ~: io an P ! ·a w. adt11lolst1atiw judge or COt'l'dal11ts. e>:amrner -1>y110E .. o1~-~~~f0<-.iat1oo ol a /oOnollu;; ID~ govommont agancy upon !ID toql/$ll when relovanl to Its decision ooncommg lllftlll<>Ymcnt. """"'1ty dct!l'llnCCS, security or suitDbihty inveotigntiom. oooirllob. &oen:re:3, grant:i or oil.er Paga Mo 1 io -oo~ s -o~ 6 Unit Assigned benalits; lo B 0Dft9re59ional dfloe at your request:. to an expert. consultant OI othar ~ undar cnrttract with lh$ USP$ to fvffil! '° ggency function; to the Federal Records Center for storage; to the Office of ManElgcrncnt and Budget ivr revteW cf prMd!r r.,,- ~on;, ID an indopendent -'fled publlo """""""'t dllflng an aftlclal oudit of USPS-.....,, to an lnvcsl!Qamf, adm- /tJdge or """"""...,. ...,.,,., appointed by the Equal Employment Opportunly Commission for J~1!0n of ~ format EEO oomptmnt undet 29 CFR 1614; tD lhe Mertt 5yster'1s Pmt~ Boatd ur Of&os of Special Counsel for prooeedings or klvcdgallons ln\GMng ~'* ~ l;lf\d othi;M" mal~ within t~r ~ictic:m; and to 21 tabor org;Wzafioo aa required by Ibo Natlcoot Labor R6lallons Act. Under the PrtllBGY Ad provision, the tnfCl"ma!Jon requested b vcloo1:11y '°' 1"" 001nplainan1, 4nv tor Poo1a1 Sorvi<;e employ- .na other wttne::aos Postal Servioe regulations require an pcstal employees to cooperate in any pos1al 1nvestigall0n. Failure to supply the requested informauon could result in disciplinary action. (ELM 666) 7. Statement {Conti'nuc on l'01111 25S9lf rxJdit/OftD/ !JIJQCC is rcqui'ed) On Aprtl, 28, 20ll8 Mary~llCMI Marley dailns Iha\ lQ46 ttgnry Witsoo canw Into her cae at approx 0'1:45 from the lei\, .,. she turned, he wu in her epBQBj and she jerked her finger and it pioppod. A CA-1, Fcde111l Notice of Traumatic Injury and Ci.Jm for Contlnullllon al l'lly/Compensatton was completed on Aprfl 28, 2008 by Ille Complalna11I. The Ccmplalnanl did •••k medical attention. I received Duty status Report's CA-17s fTom the Complainant"• Physi<:ian Iha! he examined her on 512108 and 51141116. The medical pmvlder agularwork thotwn deocrlbed on side A of the CA-17. The Complainant did recelw • CA-16. ttwao i;iiven to her lo give to tile Physician tor auttioriulion for eurninaliorl and I or tttalment fDr the Injury en Aprll 211, 2008. The Complalnanl nevor i:i;vbtnitled a completed CA-16 To me. I declare under penalty of perjury that the foregoin9 is true and CO . Page _i__ of (,, - I < Case 1:14-cv-01597-JBS-JS Document 57 Filed 11/21/16 Page 25 of 109 PageID: 1641 u.v. ru~ldl VCIVIVt;; Certification I have read the proceeding attached statement, consisting of_ pages, and it is true and complete to the best of my knowledge and belief. In making this statement, I understand Section 1001, Title 18 of the U.S. Code which states: "Whoever, in any manner within the jurisdiction of any department or agency of the United States knowingly and willfully falsifies, conceals or covers up by any trick, scheme or device a material fact, or makes any false, fictitious or fraudulent statements or representation, or makes or uses any false writing or document knowing the same to contain any false, fictitious or fraudulent statement or entry, shall be fined not more than $10,000 or imprisoned not more than 5 years, or both." Privacy Act Notice Privacy Act Notice: The collection of this information is authorized by The Equal Employment Opportunity Aet of 1972, 42 U.S.C. 2000e~16; The Age Discrimination In Employment Act of 1967. as amended, 29 U.S.C.633a; The Rehabilitation Acl of 1973, as amended, 29 U.S.C. 794a; and executive Order 11478, as amended. This information will be used to adjudicate complaints of alleged discrimination and lo evaluate the effectiveness of the EEO program. As a routine use, this Information may be disclosed to an appropriate government agency, domestic or foreign, for law enforcement purposes; where pertinent, in a !egal proceeding to 1N'hich the USPS is a party or has an \nterest; to a government agency in order to obtain Information relevanl lo a USPS decision concerning employment, security clearances, contracts. licenses, grants, permits or other benefits; to a government agency upon its request when relevant to its decision concerning employment, securily clearances, secunty or sultabllity investigations. contracts. licenses, grants or other benefits; to a corigressiona! office at your request; to an expert, consultant, or other person under contract with the USPS to fulfill an agency function; to the Federal Records Center for storage; to the Office of Management and Budget for review of private relief legiSlatlon; to an independent certified publie accountant during an official audit of USPS finances; to an Investigator, administrative judge or complaints examiner appointed by tne EQual Employment Opportunity Commission for Investigation of a formal EEO complaint under 29 CFR 1614; to the Merit Systems Protection Board or Office of Special Counsel for proceedings or investigations involving personnel practices and other matters within their jurisdiction; and to a labor organization as required by the National labor Relations Act. Under the Privacy Act provision, the Information requested Is voluntary for the complainant. and for the Postal Service employees and other witnesses. USPS Standards of Conduct Postal Service Regulations require all postal employees to cooperate in any postal investigation. Failure to supply the requested information could result in disciplinary action. (ELM 666) Oath f Aff1rmat1on Subscribed and (sworn) (affirmed) before me on the----- day of--------- , 20_. Signature of EEO Complaints Investigator Declaration I declare under penalty of perjury that the foregoing is true and correct. Jul 28,2008 157 /aiilts Jnvesti ator. Affidavit '.J;;:> / Page ,3_ of _ID_ j ·:i. Case 1:14-cv-01597-JBS-JS Document 57 Filed 11/21/16 Page 26 of 109 PageID: 1642 RESPOND. .1 MANAGEMENT OFFICIAL - Is. a Morris AFFIDAVIT QUESTIONS (PAGE 1 OF 3) Mary Ellen Mar1ey, COMPLAINANT CASE NO. 4C-080-0065-08 IF YOU HAVE NO KNOWLEDGE OF THE COMPLAINT OR YOU WERE NOT INVOLVED IN ANY WAY WITH THE ISSUES CLAIMED BY THE COMPLAINANT, PLEASE STATE SO AND SIGN AND DATE THE FORMS. YOU WILL NOT HAVE TO ANSWER ANY FURTHER. 1. Please state your name, grade, position title, email address, and work location (including address and telephone number). CLAIM: Complainant has alleged that she has been discriminated against based on Sex (Female}. Age (DOB: June 21, 1960). Retaliation (Not Specified). and Disability (Not Specified), when: On or about May 1, 2008, Complainant was sent home and charged Leave Without Pay (LWOP). 2. Please indicate your sex. age. and date of birth. 3. What did you believe Complainant's sex and age to be? 4. Did Complainant's sex and age cause or become a factor when she was sent home and charged Leave Without Pay on May 1, 2008? 5. Are you aware of whether or not Complainant suffers from a medical impairment? If so, please identify the medical impairment. when you were informed Of the impairment. and how you were informed. 6. Have you ever received medical documentation in reference to Complainant's medical impairment? If so, please provide copies of any documentation submitted by Complainant to the USPS. 7. Does Complainant have any limitations in regards to the medical impairment described above? If so, please list Complainant's limitations. Please provide documentation of any work restrictions Complainant may have. 8. If Complainant does have limitations, do these limitations prevent Complainant from performing the essential functions of her position? If so, please explain what essential functions the Complainant is unable to perform. 9. Was Complainant on light duty status or limited duty status? If so, explain which duty status and provide a copy of the request(s). 1 o. If Complainant was provided light duty or a limited duty jo~ offer, what_ are the duties of that job offer/position? Please provide a coov of any light _duty or hm1te_d_ duty rob offer that was given to Complainant or list the duties of any sucb hghtlhmtted duty position. 11. Was Complainant receiving OWCP? (•/ 14 1597 158 Affidavit:[) Page .ii- of_£ Case 1:14-cv-01597-JBS-JS Document 57 Filed 11/21/16 Page 27 of 109 PageID: 1643 ... __ ~ -·--· AFFIDAVIT QUESTIONS (PAGE 3 OF l) Mary Ellen Mar1ey, COMPLAINANT CASE NO. 4C-080-0065..08 25. Is there any information relevant to the accepted claim that you would like to add to your affidavit testimony that would prove beneficial to the investigation of this complaint? Please explain fully. Provide a copy of any documentation you believe is important to the investigation of this complaint. 26. Do you have any documents or records related to this complaint that have not been discussed in your response to the previous questions? If so, provide a copy of those documents with an explanation of each. CV 14 \597 160 Affidavit ""12.. Page~oUL Case 1:14-cv-01597-JBS-JS Document 57 Filed 11/21/16 Page 28 of 109 PageID: 1644 Case 1:14-cv-01597-JBS-JS Document 57 Filed 11/21/16 Page 29 of 109 PageID: 1645 ~ LJ JJTEDSTt.TES & Pl S fill SE/lVICE J JI'/ 15, 2008 S JI 1ject: SOP ' Sewell Post OffiGe Standard Operating Procedure (Gity Letter Carrier) OFFICE WORK ~ 11 ON CLOCK PROMPTLY AS SCHEDULED AND BE PREPARED TO WORK (M-41, 112.22) f e1form vehicle inspection in accordance to current instructions (notice 76, M-41.842.'1) report all r e ~hanical defects ancf failures ;md body damage on form PS 4565 repair tag. - ,,, accurate and speedy routing of mail i; one of the most important duties of a letter carrier. You r 1tst be proficient In this task. (M41, 121.11) • r o not move mail form place to place on or adjacent to your case, Do not engage in any time wasting 1 -, ctices before placing mail into the pro~,er separations. ( M41, 122.27) ( ase flats first as per the M41 and the M39. Do not case advanced flats unless directed by a , u.oervisor. (M41,225 M39. 121.14) ':<0se letters as per the M41 and the M39, Do not case advanced letters unless instructed by a , upervisor(M41, 224 M39, 121.16) ;, mples and catalogs must be delivered with in one week of receipt Divide the number of samples n j catalogs by 6 and that is the minimurn number to be delivered daily. Jc, not make individual piles of mail on your case ledge with the exception of mis-sorted mail. Carriers .1 1st utilize the CFS section of the canrie:- case for forwardable mail, UTF, IA NSN ANK and other ,r dorsed mail. ~ontinue casing flats and letters as they are brought to the case . Do not stop in the middle casing 2 ters to case new flats that are brought over and vice versa. Finish casing that mail. n irow off mis-sorted mail into the appropriate throwback case separations after casing all mail and at 3! 1y time you must leave your case and riass the throwback case in the performance of your duties, or N 1en you need to use personal time. 1L 1 CENTER STREET S• WELL NEW JEttS\;'i' 0!080 I, - Case 1:14-cv-01597-JBS-JS Document 57 Filed 11/21/16 Page 30 of 109 PageID: 1646 - 2 - In ~ m management well in advance of yoLr scheduled leaving time and no later than after yoll'are n. tified of the last receipt of mail or by !1:30 am which ever comes first that you will need a: s stance. P a >are and submit PS form 3996 indicating the amount of assistance you will require to c. ·n1plete your duties within your 8 hour tour (M41, 131.4) Ir g3neral: You must assume that all mail :3t your case is to be delivered unless you were given p 3"ious instructions to the contrary. (M41 131.33) · T '' reason for needing assistance must irclude the amount of mail ( in feet) that if you case will c u ;e you to leave the office not a,_s sched·Jled or that will cause you to become unable to complete y u- street duties or return to the· office on time as scheduled. There must be a quantitative reason "' 1\ you need more time than allotted for your route on that day. r ~.WY MAIL, OVER REFERENCE VOLUME, MAINTAIN RETURN TIME, etc. ARE NOT /.:; ~EPTABLE REASONS FOR REQUE~.TING ASSISTANCE F E pare form 3849 for accountable items and enter the name only or address in the office at the time ii e articles are issued. Case the article into the case backwards with the 3849 in the front. Do not ~ ace Registered mail in the case, · f 'J,ir all mail is cased, throw off additional mis-sorts, obtain parcels, sweep hot case, sort SPR's, > ·Epare sequenced mail in trays, check forwards, holds, and resume delivery.complete procedure for r "1 holds, COA, and fill out station input cards. MAKE A SWEEP OF THE HOT CASE. f u I one bundle system left to right and place in trays. Check cases to make sure that no mail is left t 3!1ind, or has fallen behind the cases (1\141, 121.24) < ,t tain DPS from designated area and pl<1ce onto knocker. Prior to loading DPS rifle the mail (5" .:_ 6" , i nail at a time ) to ensure the mail is in ~rder of delivery and that the mail is for your route (M41, : 31) STREET WORK o 3d mail from the knocker. into the vehicle, directly from the designated parking space in the parking ,1 :, turn the knocker to its designated spol :, ii the parking lot and proceed immediately to your first delivery point using your designated line of ccvel (M41, 312) N ni\e on the street, you must avoid backing your vehicle whenever possible, you must not put r< urself into a position to have to back up when there are other options including dismounting .he vehicle. No carrier shall park for lunch or breaks in any place that will cause him or her to J«ck up in order to return to his or her line of traveL A hile operating your vehicle all doors must be closed and the shoulder harness seatbelt must be Jl·lized . .. CV J4-lS9/ Case 1:14-cv-01597-JBS-JS Document 57 Filed 11/21/16 Page 31 of 109 PageID: 1647 CV 14-1597 . 3 . • Use only lunch and break locations tr at are authorized on form 1564-A (Lunch is 30 mins atid breaks is 10 mins.) They each begin from th" time you leave your line of travel until the time you rewrn to the line of travel. DO NOT DEVIATE FROM YOUR ROUTE FOR MEALS OR OTHER PURPOSE UNLESS AUTHORIZED BY YOUR SUPERVISOR ( M41, 131.31) Do not engage in controversies or ler1gthy conversations with customers or other members of the public when on duty ( M41, 112.61) All collection mail should be separated metered letters. all letters. flats and SPR's. ' Take all obvious shorcuts Physically attempt delivery of all acccuntable mail, parcels and DO NOT ASSUME no one is home. Make every reasonable attempt to de liver the article. Conduct your work In a safe manner so not to endanger yourself to others and repo,rt all hazardous conditions to your supHrvisor immediately. Return to the office immediately upon completion of assigned street duties (M41, 112.29) Unload vehicle and place collection nail in designated receptacles place empty equipment in designated locations. PM OFFICE WORK TURN IN KEYS AND ACCOUNTABLE ITEMS, RECEIPTS AND SCANNERS IF TIME PERMITS CASE LETTERS AND FLATS FOR THE NEXT DAY CLOCK OUT AT THE DESIGNATED TIME. DO NOT PERFORM ANY ADDITIOl~AL CARRIER FUNCTIONS IF YOU RETURN AFTER YOUR SCHEDULED RETURN TIME°ostal Service • Page No. No. Pages .) Investigative Affidavit (Witnes::.csL) ___ t--.-c1=_i_~c-=--+----------~ ,fianl's Name {last, First, Ml) 2. Employing Postal Facility uNLEY, EVELYN E. Sewell Post Office J_ Position Title 4. Grade Level 5. Postal Address and Zip +4 6. Unit Assigned Postmaster 141 Center Avenue EAS 21 Sewell, NJ 08080 Sewell Post Office Privacy Act Notice Privacy Act Notice. The collection of this information IS authonzed by the Equal Employment Opportunity Act of 1972, 42 U.S.C. § 2000e-16; the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § 633a; the Rehabilttation Act of 1973. as amended, 29 U.S.C. § 794a; and Executive Order 11478, as amended. This information will be used to adjudicate complaints of alleged discrimination and to evaluate the effectiveness of the EEO program. As a routine use, this information may be disclosed to an appropriate government agency, domestic or foreign, for law enforcement purposes; where pertinent. in a legal proceeding to which the USPS is a party or has an interest; to a government agency in order to obtain information relevant to a USPS decision concerning employment, security clearances. contrads, licenses, grants, permits or other benefits; to a government agency upon its request when relevant to its decision concerning employment, security clearances, security or suitability investigations, contrads, licenses, grants or other benefits; to a congressional office at your request, to an expert, consultant or other person under contract with the USPS to fulfill an agency function; to the Federal Records Center for storage; to the Office of Management and Budget for review of private relief legislation; to an independent certified public accountant during an official audit of USPS finances: to an investigator, administrative judge or complaints examiner appointed by the Equal Employment Opportunity Commission for investigation of a formal EEO complaint under 29 CFR 1614; to the Merit Systems Protection Board or Office of Special Counsel for proceedings or investigations involving personnel practices and other matters within their jurisdiction; and to a labor organization as required by the National Labor Relations Act Under the Privacy Act provision, the information requested is voluntary for the complainant, and for Postal Service employees and other witnesses. USPS Standards of Conduct Postal Service regulations require all postal employees to cooperate in any postal investigation. Failure to supply the requested information could result in disciplinary action. (ELM 666) 7. Statement (Continue on Form 2569 if additional space is required) AFFIDAVIT OF EVELYN HUNLEY. CONCURRING MANAGEMENT OFFICIAL Accepted Issue: The Complainant alleges discrimination based on Race (Not Specified) and Age (DOB: 6/21/1960) when on or about December 1, 2008, Complaina,,t was issued a Notice of Removal. Question 1. Please state your full name, position title, grade level, place of employment, work telephone number, and work email address. If any changes occurred during the interim of this activity in the EEO complaint process, please identify those changes; e.g., name change, new position title/grade level, and/or new place of employment. Evelyn E Hunley, Postmaster, EAS 21, Sewell Post Office, {856) 468-1010, Evelyn.E.Hunley@USPS.gov I declare under penalty of perjury that the foregoing is true and correet Affiant's Signature ~!HuaW/ PS Form 2568-6, March 2001 .. ·- nate Signed .l/27109 Case 1:14-cv-01597-JBS-JS Document 57 Filed 11/21/16 Page 37 of 109 PageID: 1653 • • iJf1 UN/TED STATES POSTAL SERVICE.® I Page No. No. Pages EEO Investigative Affidavit (Continuation Sheet) 2 Question 2. Please state your race. African American Question 3. Please state your date of birth. 11/21/1952 Case:~-080-0015-09 J Question 4. Prior to receiving this request for affidavit, were you aware of the Complainant's race? If yes. please identify the Complainant's race and state when and how you first became aware of it. Yes, looks Caucasian, I became Postmaster of Sewell in March of 2003, Ms. Marley was already employed at this facility Question 5. Prior to receiving this request for affidavit, were you aware of the Complainant's date of birth and/or age? If yes, please identify the Complainant's age and state when and how you first became aware of it. No CLAIM ONE - Notice of Removal Issued on December 1, 2008 Complainant alleges that on December 1, 2008, she was issued a Notice of Removal. Please provide testimony addressing the following questions: Question 6. Did you make the decision to issue the Complainant a Notice of Removal? If not. please identify the management official(s) by name, race, age, position title, work telephone number, email address and work location. Ms. Marley's supervisor Edwin Schofield issued the removal. Mr. Schofield looks like he is Caucasian, I do not know his age , he is a Supervisor of Customer Service, work number is (856) 468-1010, Edwin .M. Schofield@USPS.gov., Sewell Post Office. Affiant's Signature WJ,po !Jlunl,y I declare under penalty of perjury that the foregoing is true and correct. Date Signed 3127109 -------------------·-------~---·----··-- PS Form 2569, March 2001 Case 1:14-cv-01597-JBS-JS Document 57 Filed 11/21/16 Page 38 of 109 PageID: 1654 ~ UNITEDSTllTES 1l!:iittl POSTJ3L SERVICE.® • EEO Investigative Affidavit (Continuation Sheet) • Page No. No. Pages Case No. 3 4C-080-0015-09 Question 7. Did you issue a Notice of Removal to the Complainant on December 1, 2008? Please include a copy of the Notice of Removal with your affidavit. NO Question 8. Who concurred with issuing the Complainant a Notice of Removal? Please identify the management official(s) by name, race, age, position title, work telephone number, email address and work location. I concurred with the Supervisor. Evelyn Hunley, African American, 11/21/52, Postmaster, (856) 468-1010, Evelyn. E. Hunley@USPS.gov, Sewell Question 9. If you were the concurring management official, what documentation did you review prior to concurring in the issuance of the Notice of Removal? Please provide copies of the documentation you reviewed with your affidavit. I reviewed the prior discipline and documents from previous discipline Question 10. What was the basis/reason for the issuance of the Notice of Removal? Please include any handbook/manual/publication references cited in the Notice of Removal. Unsatisfactory Job Performance Question 11. Was a pre-disciplinary interview ("POI") conducted with the Complainant prior to the issuance of the Notice of Removal? If so, when (date) and who (full name and position title) was in attendance? Please provide a copy of the POI notes for inclusion in the file. Yes . The POI was submitted to labor with request for discipline Question 12. During the POI, what was the Complainant's version of the incident(s)? Answered very vaguely and gave one word answers Affiant's Signature &""'4~ PS Fonn 2569, March 2001 I declare under penalty of perjury that the foregoing is_ true and correct. I Date Signed . 3/27/09 Case 1:14-cv-01597-JBS-JS Document 57 Filed 11/21/16 Page 39 of 109 PageID: 1655 . Q UNITEDST.1TES POST.1L SERVICE~® • EEO Investigative Affidavit (Continuation Sheet) • Page No. No. Pages Case No . 4 4C-080-0015-09 Question 13. Did the Complainant file a grievance appeal regarding the Notice of Removal? If so, what is the status or outcome of that appeal? Additionally, please provide a copy of the grievance decision/resolution for inclusion in the file. Yes, it was rescinded by the ORT. Stating that management did not prove its case. The decision was sent to the District Manager for review because the ORT stated that management did not provide certain documentation which was included in the package. Question 14. In the past year, were there other employees under your supervision who were issued a Notice of Removal or discipline and if so, please identify by: (a) Name; (b) Race; (c) Age; (d) Position title; (e) Work location; (f) Employee identification number; (g) Date the employee was charged with discipline; and (h) Provide the TAGS Report and relevant documentation. --· Employee F ult Position Work Immediate Race Age Date Discipline Issued; l Name and EIN Title Location Supervisor Describe Disciplinary Action Issued for Edwin Schofield 01214412 Sharon White 01336515 Shilda Locust 01054294 Affiant's Signature f .. ~ PS Form 2569, March 2001 Unsatisfactory Job I Performance ·--- - Supervisor Sewell Evelyn Caucasian unk Failed to follow directive Hunley and office standard operating procedures, letter of warning issued 1/3/09 Supervisor Sewell Evelyn Caucasian unk Failed to follow Hunley standard operating procedures 14 day suspension issued 7/25/08 Supervisor Sewell Evelyn African - unk Failed to follow Hunley American standard operating procedures 7 day suspension issued 5/20/08 -- ~ --- I declare under penalty of perjury that the foregoing Is true and correct. Date SiQned 3/27/09 --- -------- ~ I Case 1:14-cv-01597-JBS-JS Document 57 Filed 11/21/16 Page 40 of 109 PageID: 1656 Case 1:14-cv-01597-JBS-JS Document 57 Filed 11/21/16 Page 41 of 109 PageID: 1657 • U.S. Postal Service Page No. No. Pages ~e No EEO lnvestiqative Affidavit (Witness) 1 4C-080-0015-09 1. Affiant's Name (Last, First, Ml) 2. Employing Postal Facility SCHOFIELD, EDWIN M. Sewell Post Office 3. Position Title 4. Grade Level 5. Postal Address and Zip +4 6. Unit Assigned Supervisor, Customer 141 Center Avenue Services Sewell, NJ 08080 Privacy Act Notice Privacy Act Notice. The collection of this information is authorized by the Equal Employn1ent Opportunity Act of 1972, 42 U.S.C. § 200De-16; the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § 633a; the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794a; and Executive Order 11478, as amended. This information will be used to adjudicate complaints of alleged discrimination and to evaluate the effectiveness of the EEO program. As a routine use, this information may be disclosed to an appropriate goyemment agency, domestic or foreign, for law enforcement purposes: where pertinent, in a legal proceeding to which the USPS is a party or has an interest; to a government agency in order to obtain information relevant to a USPS decision concerning employment, security clearances, contracts, licenses, grants, permits or other benefits; to a goYemrnent agency upon its request when relevant 10 its decision concerning employment, security clearances, security or suitability investigations, contracts, licenses, grants or other benefits; to a congressional office at your request, to an expert, consultant or other person under contract with the USPS to fulfill an agency function; to the Federal Records Center for storage; to the Office of Management and Budget for review of private relief legislation; to an independent certified public accountant during an official audit of USPS finances; to an investigator, administrative judge or complaints examiner appointed by the Equal Employment Opportunity Commission for investigati?n of a fonnal EEO complaint under 29 CFR 1614; to the Merit Systems Protection Board or Office of Special Counsel for proceedings or investigations involving personnel practices and other matters within their jurisdiction; and to a labor organization as required by the National Labor Relations Act. Under the Privacy Act provision, the information roquested is voluntary for the complainant, and for Postal Service emp1oyees and other witnesses. USPS Standards of Conduct Postal Service regulations require all postal employees to cooperate in any postal investigation. Failure to supply the requested information could result in disciplinary action. (ELM 666) 7. Statement (Continue on Form 2569 if additional space is required) AFFIDAVIT OF EDWIN SCHOFIELD, RESPONDING MANAGEMENT OFFICIAL Accepted Issue: The Complainant alleges discrimination based on Race (Not Specified) and Age (DOB: 6/21/1960) when on or about December 1, 2008, Complainant was issued a Notice of Removal. Question 1. Please state your full name. Edwin Muse Schofield Question 2. Please state your position title and grade level. Supervisor· Eas-17 Question 3. Please state your place of employment. Sewell Post Office ---------1 d_e.clare under penalty of perjury that the foregoing Is true and correct. Affiant's Signature ~~~·~ ~ PS Form 2568·8, March 2001 CV-] 4-1 r.;97 ·----··----.--!Date Signed-- J_ '3·"?-3 .. o Q -------- --------·---.--· ' -1--- Case 1:14-cv-01597-JBS-JS Document 57 Filed 11/21/16 Page 42 of 109 PageID: 1658 .a UNITED STIJTES POST/lL SERVICE,® • EEO Investigative Affidavit (Continuation Sheet) • I Pag; No I No. Pages 4C-080-0015-09 Case No. Question 4. Please state your business mailing address (including ZIP+4 ). 141 Center st Sewell, NJ 08080-9998 Question 5. Please state your business telephone number. 856-468-1010 Question 6. Please state your business email address.Schofield.Edwin. M.@ usps. gov NOTE: If any changes have occurred subsequent to the filing date of this complaint, please identify those changes, for example, name change, new position, new title/grade level, new place of employment, etc.) Question 7. Please state your race. Caucasian Question 8. Please state your age. 49 yrs. Question 9. Prior to receiving this request for affidavit, were you aware of the Complainant's race? If yes, please identify the Complainant's race and state when and how you first became aware of it. Female Caucasian. Date I was hired at this office 6/28/2008. · Question 10. Prior to receiving this request for affidavit, were you aware of the Complainant's age? If yes. please identify the Compiainant's age and state when and how you first became aware of it. No ·-----·--- --- 'declare under penaltY of pirfury that the foregoing is true and correct. Afflant's Signc;tt_ure ----·-------·--- ---·--D-at-e-Sig-neATISFACTORY JOB PERFORMANC:.S_ Specifically, on July 9, 2008, you fail.d to submit your PS Form 3996. Request for Auxiliary Assistance by the required t'11e of 8:30 am. You submitted your PS Form 3996 at approximately 9: 19 am. Just !hat morning, July 9. 2008 at approximately 8:00 am, all carriers were instructed :o submit their forms 3996 by 8:30 am. Your failure to follow instructions in the performance of your carrier duties w:ll not be By your actions you violated: Employee & Labor Relations Manual, Section 665.155 Obedience to Orders, which reads, "Employees must obey the inst;uctions of their supervisors. If an employee has reason to question the propriety of a supervisor's order, the individual must nevertheless carry out the order and immediately file a protest in "'-'riting to the official in charge of the installation, or appeal through official channels." It is hoped that this official Letter of Warning will serve to impress upon you the seriousness of your actions and that future discipline will not be necessary. If you are having difficulties which I may not be aware of or if you need additional assistance or instructions for improving your performance, please call on me, or you may consult with another supervisor and we will assist yo.i where possible. However, I must warn you that future deficiencies wiil result in more sever disciplinary action being taken against you. Such action may include suspE'..:nsion:s, reduction in grade and/or pay, or removal from the Postal Service. Case 1:14-cv-01597-JBS-JS Document 57 Filed 11/21/16 Page 47 of 109 PageID: 1663 You have a right to file a grievance under the grievance/arbitration procedure set forth in Article 15 of the National Agreement within 14 days of your receipt of the letter. I received the original of this letter on Signature _______ _ Cc: OPF LR/th CV 14~ 1597 Case 1:14-cv-01597-JBS-JS Document 57 Filed 11/21/16 Page 48 of 109 PageID: 1664 Case 1:14-cv-01597-JBS-JS Document 57 Filed 11/21/16 Page 49 of 109 PageID: 1665 Sewell Post Office l tJ UNITEDSVffES . POSTIJ.LSERVJCE CV 14-i_~-i~f? 1 letter sent via regular mail 1 letter sent via certified mail no. 70060810000534037161 DATE: July 29, 2008 SUBJECT: Notice of Suspension (No Time Off) of 14 days or Less TO: Mary Marley City Carrier 600 Atlantic Ave. Sewell NJ 08080 01306379 You are being issued thif ~)calendar day no-time-off suspension for the following reason(s): C Charge 1: You are charged with UNSATISFACTORY JOB PERFORMANCE Specifically, on July 14, 2008 you requested forty five minutes of auxiliary assistance. Your request was disapproved for the forty five minutes, but it was approved for 20 minutes of overtime. However, you failed to return to the office from street delivery after the 20 minutes of authorized overtime. Instead you returned one (1) hour and 2 units late. You failed to get authorization to work this overtime and you failed to contact supervision that you would be unable to deliver the route within the prescribed time. Your failure to notify management that you would be unable to deliver the mail within the prescribed time frame and your working unauthorized overtime will not be tolerated. By your actions you have violated the M-41, Section 131.33 which reads, "Unless otherwise instructed by a unit manager, deliver all mail distributed to your route prior to the leaving time for that trip and complete delivery within scheduled time. It is your responsibility to inform management when this cannot be In addition, the following elements of your past record have been considered in arriving at this decision: You were issued a Letter of Warning dated July 16, 2008 for Unsatisfactory Job Performance. DISC Mary Marley 01306379 Case 1:14-cv-01597-JBS-JS Document 57 Filed 11/21/16 Page 50 of 109 PageID: 1666 CV 14 1597 This action is taken to impress on you that you must correct your work deficiencies and demonstrate adherence to postal regulations. Failure to meet the above stated or other legitimate work expectations may result in further discipline, up to and including removal from the Postal Service. While this suspension does not result in a loss of time or pay, it is equivalent to and is of the same degree of seriousness as a time-off suspension. It satisfies the same requiren1ent for progressive discipline as a time-off suspension, and may be cited as an element of past discipline in subsequent discipline pursuant to Article 16.10. You have the right to appeal this action under the grievance/arbitration procedure set forth in Article 15, Section 2 of the National Agreement within 14 calendar days of your receipt of this notice. ~v~'S~,.l Edward Schofield Supervisor, Customer Services Sewell Post Office ! ~·~=~=,._c:::_:_ __ I o __ S_....,iS,_11\"-'----- Date: 7- Z.'J- 0 'J' Rel ed by "'J (Indicates Receipt Only) Time: 9:;0 DISC Mary Marley 01306379 Case 1:14-cv-01597-JBS-JS Document 57 Filed 11/21/16 Page 51 of 109 PageID: 1667 'l _tt . " -.; Name {Last. First. M!) OPP (PSDS) MMDD ETC Input by Date (Initials) PS Form 1260, March 1993 SSN FON-LU '' ' ' '?DES/ACT Time (HRsJ100s) iJ 0 Pay Loe. Date NONTRANSACTOR CARD Case 1:14-cv-01597-JBS-JS Document 57 Filed 11/21/16 Page 52 of 109 PageID: 1668 Case 1:14-cv-01597-JBS-JS Document 57 Filed 11/21/16 Page 53 of 109 PageID: 1669 Sewell Post Office iii?'!!ff UNrrEDSJlifES ~ POSTIJL SERVICE DATE: August 16, 2008 SUBJECT: Notice of Suspension (No Time Off) of 14 days or Less Certified# 70060810000534037222 TO: Mary Marley City Carrier Sewell Post Office 01306379 You are being issued this 14 calendar day no-time-off suspension for the following reason(s): Charge 1 - UNSATISFACTORY JOB PERFORMANCE Specifically on August 11, 2008, you failed to follow the standard operating procedures of the Office when you failed to submit a PS Form 3996, Request for Auxiliary Assistance. In fact, you left the office late on August 11, 2008. You called the office at approximately 1:00 pm and spoke to Acting Supervisor Artannia Moore and stated that you would be 40 minutes late. You hung up before receiving instructions by Supervisor Moore. Your failure to submit a PS Form 3996, Requesting Auxiliary Assistance and your failure to take direction from management will not be tolerated. In reaching the decision I have taken the following elements of your past elements into consideration: You were issued a Letter of Warning dated July 17, 2008 for Unsatisfactory Job Performance. You were issued a Seven (7) Day Suspension dated Juiy 29, 2008 for Unsatisfactory Job Performance. This action is taken to impress on you that you must correct your work deficiencies and demonstrate adherence to postal regulations. Failure to meet the above stated or other legitimate work expectations may result in further discipline, up to and including removal from the Postal Service. While this suspension does not result in a loss of time or pay, it is equivalent to and is of the same degree of seriousness as a time-off suspension. It satisfies the same requirement for progressive discipline as a time-off suspension, and may be cited as an element of past discipline in subsequent discipline pursuant to Article 16.10. You have the right to appeal this action under the grievance/arbitration procedure set forth in Article 15, Section 2 of the National Agreement within 14 calendar days of your receipt of this notice. cv 14.MfMaryMarley 01306379 Case 1:14-cv-01597-JBS-JS Document 57 Filed 11/21/16 Page 54 of 109 PageID: 1670 ~ ('~)-.. (,\~ * '.\) . ~~haron White ~ Supervisor, Customer Services Sewell Post Office Recei\/eby \ (Indicates Receipt Only) cv 14- IIl$C Mary Marley 01306379 Evelyn Hunley Postmaster Date: "(,- I Leo 1r Time: '\ \ l 0 Case 1:14-cv-01597-JBS-JS Document 57 Filed 11/21/16 Page 55 of 109 PageID: 1671 Case 1:14-cv-01597-JBS-JS Document 57 Filed 11/21/16 Page 56 of 109 PageID: 1672 ---- -------··-- . .... : . . NOTICE OF 14 DAY SUSPENSION Date: December 10, 2009 IA Re: Notice of Suspension Delivery Confirmation 03091140000054325823 To: Tom Robinson City Carrier EIN~ Sewell Post Office You are hereby notified that you will be suspended for a period of (14) calendar days. While this suspension does not result in a loss of time or pay, it is equivalent to and is of the same degree of seriousness as a time-off suspension. It satisfies the same requirement for progressive discipline as a time-off suspension, and may be cited as an element of past discipline in subsequent discipline pursuant to Article 16.10. The reason(s) for this suspension is (are). Charge - Unsatisfactory Job Performance / Improper Conduct Specifically, on November 25, 2009 you approached me (Supervisor Edwin Schofield) on the workroom floor in an unprofessional manner and questioned me concerning overtime assignments. You began to speak loudly and disrespectful, and called me an "Asshole" in the presence of other employees as they performed their duties on the workroom floor. Your negativity created a hostile work environment. You were instructed, by me several times to leave the facility, however, it was not until I informed you that I would call the poffce, you removed yourself from the facility. Your blatant disrespect for management will not be tolerated. The Employee and Labor Relations Manual Section 665.16 outlines the behavior and personal habits of all employees. This section states in part, that "Employees are expected to maintain satisfactory personal habits so as not to be obnoxious or offensive to other persons or to create unpleasant working conditions. In addition, the following elements of your past record have been considered in taking this action: OISC EIN 0 Cl3'104l R""""°• Affidavit D 00094 Page 7 of 14 CV 14 l'i97 2fo Case 1:14-cv-01597-JBS-JS Document 57 Filed 11/21/16 Page 57 of 109 PageID: 1673 ___ .. ,. ..... ·-' 1. You were issued a letter of warning dated October 9, 2009 for Failure to be Regular in Attendance 2. Notice of 7 Day Suspension dated October 15, 2009 for Unsatisfactory Job Performance/ Failure to Follow Instructions It is hoped that this disciplinary suspension will serve to impress upon you the seriousness of your actions and that future discipline will not be necessary. If you are having difficulties, which I may not be aware of, or if you need additional assistance or instruction for improving your performance, please call on me, or you may consult with other supervisors, and we will assist you where possible. However, I must warn you that future deficiencies will result in more severe disciplinary action being taken against you. You have the right to appeal this action by filing a grievance within 14 days of your receipt of this letter in accordance with Article 15, Section 2, of the national agreement. ~~'_JJ Edwin SchofieF~ Supervisor Customer Service Sewell Post Office Received by employee on Signature of employee DISC EIN0133404l Roblnaon cv-14--15()7 00095 ~~t,6. E=m:Y Postmaster I Sewell Date l ?.,-/ b - 0 9 Affidavit 0 Page 8 of 14 ' I I-, I I Case 1:14-cv-01597-JBS-JS Document 57 Filed 11/21/16 Page 58 of 109 PageID: 1674 Case 1:14-cv-01597-JBS-JS Document 57 Filed 11/21/16 Page 59 of 109 PageID: 1675 Jd,~J P05TiJt-st.RVICE TO: THE HONORA8l..E JOHN TOMASEU.O, J.S.C. SUPERIOR COURT OF NEW JERSEY NORTH BROAD STREET WOODBURY, NJ 08096 CA~INE A. KNOX POSTI.IASTER SEWElL NJ 08080-9998 SUBJECT: MM« E. MARLEY DATE: SEPTEMBER 21, 2001 DEARSIR: I WOULD UKETO MAKE A STATEMENT ON BEHALF OF MARYE. MARLEY. SHE HAS WORKED FOR THE UNITED STATES POSTAL SERVICE FOR APPROXIMATaY 22 YEARS. SHE WORKS VERY HARD ANO IS DEDICATED TO OOING A GOOD JOB. HER PRIMARY JOB CONSISTS OF CASING AND DElJVERING THE MAIL FOR HER ROUTE. SHE ()()J:S TillS DAll..Y IN AN EFFICIENT MANNER. I HAVE NEVER HAD A CUSTOMER COMPl.AIHT ON HER ROUTE SINCE I HAVE BEEN POSTMASTER HERE. ~~(~ CATHERINE(\. f;;;:c POSTMASTER SEWELL NJ 08080 CC: ANDREW N. YURICK Al.FREDT.SANDERSON c v 14 l r.:x:7 • Case 1:14-cv-01597-JBS-JS Document 57 Filed 11/21/16 Page 60 of 109 PageID: 1676 SEWELL POST OFFICE STANDARD OPERA TING PROCEDURES LETTER CARRIERS OFFICE WORK Hit on clock promptly as scheduled and prepared to work. M-41, 112.22 Perform vehicle inspection in accordance to cmTent instructions (Notice 76). M-41, 832.1 Report all mechanical defects or failures and body damage on Form 4565 (repair tag) M-41, 842. l Proceed directly to your assigned Route. Pick up your scanner, verify ID, Zip, and last line set-up, which includes C in its proper location. The accurate and speedy routing of mail is one of the most important duties of a letter carrier; you must be proficient in this task. M-41, 121.11 Do not move mail from place to place on or adjacent to your case. Do not engage in any time-wasting practices before placing mail into the proper separation. M-41, 112.27 Case !1ats as per the M-41 and M-39 (do not case advanced !1ats unless directed by a supervisor) M-41, 225; M-39, 121.14 Case letters as per the M-41 and M-39 (do not case advanced letters unless instructed by a supervisor). M-41, 224; M-39, 121.16 At any time you experience undertime, you are required to inform your supervisor, who will instruct you whether to Pivot l case or carry on another route), case advanced mail, leave early, etc. ADDRESSED SEQUENCED MAILINGS MUST BE TAKEN DIRECTLY TO THE STREET. Management will instruct carriers on Park & Loop routes how any additional mailings will be handled on the same delivery day. (District Policy on Casing Addressed Sequenced Circulars). Samples and catalogs must be delivered within one week of receipt. Divide the number of samples and catalogs by 6 and that is the minimum number to be delivered daily. cv-14-1597 ALL MAIL IS TO BE SORTED INTO THE VERTICAL FLAT CASE .... DO NOT MAKE INDIVIDUAL PILES OF MAIL ON YOUR CASE LEDGE WITH THE EXCEPTION OF MISSORTED MAIL. Case 1:14-cv-01597-JBS-JS Document 57 Filed 11/21/16 Page 61 of 109 PageID: 1677 HOLD MAIL: case into proper separation for the address on the case UAA MAIL: case into the appropriate separation in the CFS section of the case MISSORTED: place into a pile on the case ledge Continue casing flats and letters as they are brought to the case (do not stop in the middle of casing letters to case new flats that are brought to the case-and vice-versa- finish casing that mail) INFORM MANAGEMENT WELL IN ADVANCE OF YOUR SCHEDULED LEAVING TIME AND NO LATER THAN AFTER YOU ARE NOTIFIED OFTHE LAST RECEIPT OF MAIL THAT YOU WILL NEED ASSISTANCE. PREPARE AND SUBMIT A FORM 3996, INDICATING THE AMOUNT OF ASSISTANCE YOU WILL REQUIRE TO COMPLETE YOUR DUTIES WITHIN YOUR 8 HOUR TOUR. M-41, 131.4; 28 I. in general you must assume tltat all mail at your case is to be delivered unless you were given previous instructions to tlte contrary. M-41, 131.33 2. tlte reason for needing assistance must include the amount of mail (in feet) tltat, if you must case it, will cause you to be unable to leave the office as scheduled or at a time tit at will not enable you to complete your street duties and return as scheduled, or another quantitative reason that will cause you to need more titan tlte allotted time for your route on that day 3. "heavy mail", "over reference volume", and "maintain return time", etc., are not acceptable reasons for requesting assistance Prepare Form 3849 for accountable items as you make delivery (this will insure that you gave the customer enough time to answer the door). Enter the name or address in the office at the time the articles are issued. M-41, 262 Case the article into the case backward with the PS3849 in front of it. (DO NOT PLACE REGISTERED MAIL INTO THE CASE) After all mail is cased, throw off any additional missorts, sweep hot case, and obtain parcels (on days when parcels are very heavy, take the hamper directly to your vehicle and load the large parcels. Return to the office with remaining SPR's and proceed to your case) Sort hot case mail, sort SPR's and place tray(s) into hamper with large parcels Prepare sequenced mail in trays and place into hamper Pull hold mail from the cases and place into proper separations in the hold case Check temporary forward/hold mail for discontinued forwards and resume deliveries CV ]l.j 1597 Case 1:14-cv-01597-JBS-JS Document 57 Filed 11/21/16 Page 62 of 109 PageID: 1678 Enter any new holds and removals as per instructions. NEW HOLD ORDERS: enter on hold sheet and place appropriate marker on case NEW TEMP. COA's: enter on hold sheet and send to CFS immediately upon receipt (DO NOT HOLD UNTIL BEGIN DATE); place marker on case and note begin date on marker NEW PERM. COA's: enter on 3982 and send to CFS immediately upon receipt (DO NOT HOLD UNTIL BEGIN DATE); place marker on case and note begin date on the marker * *PLACE HOLDS AND COA 'S FOR STATION INPUT AT DESIGNATED AREA* Pull boxholder mail from the case and band each bundle. Endorse the top piece with the box number Pull mail from left to right and place into trays (place carryout mail directly into the carrier satchel for park and loop routes) and place full trays into the hamper Pull U AA mail by category. Band each category and endorse the top piece of each bundle. The following categories ofUAA mail must be individually endorsed with the carrier's initials and route number, and the reason for being undeliverable: No Mail Receptacle; Temporarily Away; Refused; Vacant; and Deceased. M-41, 232; 242 CHECK CASES TO MAKE CERTAIN NO MAIL HAS BEEN LEFT BEHIND, OR FALLEN INTO OR BEHIND CASES. M-41, 121.24 NOTHING IS TO BE LEFT ON TOP OF YOUR CASE. Proceed to the loading area. Throw offUAA, CFS, and Box mail into the designated area as you proceed to the loading area (leave UBBM at your case) Make a final sweep of the HOT case, Scan bar code, and place any mail into delivery order. M-41, 291 Obtain DPS mail from designated area and place it into the hamper. Prior to loading DPS riffle the mail (5-6" of mail at a time) to insure that the mail is in order of delivery and that the mail is for your route (@2-3 minutes) M-41, 291 Hit out for the street on your vehicle card and timecard. Scan leave for office and DO NOT hit enter until vehicle is loaded. . t. Case 1:14-cv-01597-JBS-JS Document 57 Filed 11/21/16 Page 63 of 109 PageID: 1679 STREET WORK Load mail from the hamper into the vehicle directly from the designated parking space, or approved location. M-39, 125.23; 125.24 Return your hamper to the designated area. At this point hit enter on your scam1er (this records loading time) Exit the parking lot and proceed without delay to your first delivery point. (Utilizing your designated line of travel.) M-41. 312 WHILE ON THE STREET YOU MUST AVOID BACKING YOUR VEHICLE WHENEVER POSSIBLE. YOU MUST NOT PUT YOURSELF INTO A POSITION TO HA VE TO BACK UP WHEN THERE ARE OTHER OPTIONS. INCLUDING DISMOUNTING THE VEHICLE. NO CARRIER WILL PARK FOR LUNCH OR BREAKS IN ANY PLACE THAT WILL CAUSE THEM TO HA VE TO BACK UP IN ORDER TO RETURN TO THEIR LINE OF TRAVEL. WHILE OPERATING YOUR VEHICLE THE SEATBELT MUST BE UTILIZED Deliver mail in the line of travel set up on your case (using only authorized park points for park and loop routes) Use only the lunch and break locations authorized on Form 1564-A Delivery Instructions Lunch (:30) and breaks (:10) are from the time you leave the line of travel until the time you return to the line of travel Scan all designated MSP scan points. YOUR LUNCH BREAK MUST BE TAKEN NO LATER THAN 6 HOURS AFTER YOUR BEGIN TOUR TIME. BREAKS CANNOT BE TAKEN IN CONJUNCTION WITH YOUR LUNCH OR EACH OTHER. ONE BREAK MUST BE TAKEN IN THE A.M. (BEFORE LUNCH) AND THE OTHER IN THE P.M. (AFTER LUNCH). Do not deviate from your route for meals or other purposes unless authorized by your supervisor. M-41, 131.31 Do not engage in controversies or lengthy conversations with customers or other members of the public when on duty. M-41, 112.61 cv-14 1')97 . i .... Case 1:14-cv-01597-JBS-JS Document 57 Filed 11/21/16 Page 64 of 109 PageID: 1680 To the extent possible all collection mail should be separated into at least the following: bundles of metered letters, all other letters, flats, and SPRS. M-41, 132.33 Separate DPS Errors (missorted and missequenced letters). On park and loop routes, have the mail ready to deliver when you reach the delivery point. Carriers are expected to finger mail while walking and take all obvious shortcuts. Do not finger mail while driving, while on steps, while on inclines, or while crossing streets. M-41, 321.5 On curbside delivery routes obtain all mail for each delivery point prior to opening the Curbside box. Open the box with the hand that has the mail in it, then place the mail into the box and close the door. MAKE SURE THAT VEHICLE IS IN NEUTRAL AND THAT YOUR FOOT IS ON THE BREAK WHILE YOU PERFORM THIS FUNCTION Physically attempt delivery of all accountable items and parcels. Do not assume that no one is at home. Make every reasonable attempt to deliver the articles. M-41, 331 Conduct your work in a safe manner so as not to endanger yourself or others. Report all hazardous conditions to your supervisor. M-41, 112.4 Return to the office immediately upon completion of assigned street duties. M-41, 112.29 Unload vehicle and place collection mail in designated receptacles. M-41, 132.33 Place empty equipment in designated locations. Scan Return to Office Barcode Clock in and complete Form 4570 P.M. OFFICE WORK Turn in keys and accountable items/receipts Place DPS Errors (missorted and missequenced letter) in designated area. If time permits, case letters and flats for next day delivery (Per Local Instructions) Clock out at the designated time. DO NOT PERFORM ANY ADDITIONAL CARRIER FUNCTIONS IF YOU RETURN AFTER YOUR SCHEDULED LEAVING TIME UNLESS YOU ARE INSTRUCTED OTHERWISE BY MANAGEMENT Any deviations from the above standard operating procedures must be authorized by Management. cv-14- J 597 Case 1:14-cv-01597-JBS-JS Document 57 Filed 11/21/16 Page 65 of 109 PageID: 1681 Case 1:14-cv-01597-JBS-JS Document 57 Filed 11/21/16 Page 66 of 109 PageID: 1682 The US. Equal Employment Opportunity Commission NOTICE OF APPEAUPETITION TO THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION OFFICE OF FEDERAL OPERATIONS P.O. Box 77960 Washington, 0.C. 20013-8960 Complainant Information: (Please Print or Type) Complainant's name (Last, First, M.I.): Home/mailing address: /.1 ff-R/-e y ft/ t+Ry- C//r> rJ 1.;;00 c/!sr (Jf/9t-Jf ,·c:_/f-c (" Y"'e/lr fJ:/ QY'-¥) City, State, ZIP Code: Daytime Telephone# (with area code): >;J";-Y,,-'f~ <• c f~C'<(Sf /.- C'f Attorney/Representative Information (if any): Attorney name: .Non-Attorney Representative name: :Address: I City, State, ZIP Code: Telephone number (if applicable): nail address (if any): General Information: Name of the agency being charged with discrimination: Identify the Agency's complaint number: Location of the duty station or local facility in which the complaint arose: Has a final action been taken by the agency, an Arbitrator, FLRA, or MSPB on this complaint? :5<~e! I ~os+- C{'f1c-e iC -OJO- oo;~--09 'Se~ c- \ \ 1))s~ 6~ fi 0 't' Se~e l I\ b-J ::[ o::?o6C __ Yes; Date Received (Remember to attach a copy) ..QL._No __ This appeal alleges a breach of settlement agreement Has a complaint been filed on this same matter with the __ No !EEOC, another agency, or through any other administrative or __ Yes (Indicate the agency or procedure, complaint/docket !collective bargaining procedures? number, and attach a copy, if appropriate) Has a civil action (lawsuit) been filed in connection with this _L No complaint? __ Yes (Attach a copy of the civil action filed) NOTICE: Please attach a copy of the final decision or order from which you are appealing. !fa hearing was requested, please attach a copy of the agency's final order and a copy of the EEOC Administrative Judge's decision. Any comments or brief in support of this appeal MUST be filed with the EEOC and with the agency within 30 days of the date this appeal is filed. The date the appeal is filed is the date on which it is postmarked, hand delivered, or faxed to the EEOC at the address above. rresentative: C/'ll~~l\_'k+ ct\~~ 7006 0810 0006 1461 9409 'lature of complainant or complainant's Date: EEOC Form 573 REV 1101 (page 1of1) --·---------------- ------- Case 1:14-cv-01597-JBS-JS Document 57 Filed 11/21/16 Page 67 of 109 PageID: 1683 ..c....., 11rv1 rrn' rf1Tt5 ·~ l'O>l/JI ,(11v1Ci' / ·- ' Date: .\l:11"l'h 9, 2009 Ddh er~ Con f # 0308 2040 0000 61 ~I ~ 117 1-y1- . ' I u---1 Suhjl'Ct: To: :'\olicc Of Rcrnm al \far)· \larlc~ Letter Carrier S\\ ell Post Office l /,',~t ' EID: 01306349 You are hereby notified that you\\ ill be remmed from the Postal Service effective April 9. 2009. l'he rcason(s) for this action are: CHARGE: I IMPROPER CONDUCT/FAILURE TO FOLLOW INSTRUCTIONS Specially.'"' February 20, 2009, I was giving a service talk to the Letter Carrier cratl about the changes that were expected of management and the carriers. I provided a copy of the M-41 so the carriers clearly understood the policy. However, during the talk, you became very upset, became loud and disruptive in the break area where the service talk was given and again on the workroom floor. When Letter Carriers, Anthony Montenaro and Tom Robinson ask a question. before I could respond you interrupted by saying, ''these are your rules not the District Managers rules and voice your displeasure with the policy. When I tried to explained that some carriers were on board with changes and some were not. you screamed loudly, while pointing your finger at me. saying, "who's' not on board. give us na1nes~'. Because of your improper behavior, I instructed you to clock out and leave the building. However, you refused by saying "No". I instructed you again and you again refused and went to your case and started casing ma;1. making comments to your coworkers during the entire time. In an effort to defuse the situation. I called the local police and you refused their instructions until the ollicer informed you that if you continued to refuse, then he would have to remove you by force. ( lnly a lier this was said did you decide to leave the building. 1'11is is not the tlrst incident of improper conduct by you and with you failing to follow instructions and getting very loud an t)ftheir "llj)L'f"\ i_'-lnrs. If an e1nplo:ec has n.~a:-.tlll h) qUL'stion th~ prnpriL't) l1f u :-.t1j1L'I'\ 1 .... Pr"..; Prth:r. the indi\ idual n111st lll'\L'l'thcle_...,_, !..'.arr) 11ut the order and Illa) i111111ediatt.'I) lilt.' a protc.'-lt in \\riting to the of!il'ial in cheiog removed. It was Ed Scofeild who approached me and was abusive by claiming I was a lame ~ er. Everyday day Ed Scofeild approaches me there is nothing constructive that he says. Ed 0 eild does not give any instruction other than to be back by 4pm. My route was evaluated to take 5 v ., Yz hours without a lunch. I take a lunch so that makes it 5 Y. to 6 hours of allotted time. Ed Scofeild 1as never discussed my route with me he has never performed my duties with me. He just continually ells me I am a poor performer and I don't know how to follow instructions. I have no other defense but ny actual performance. I keep track of my times and can see the variations in MSP SCAN POINTS 111hich keep track of my times on the street and can see a difference of a few minutes on every 30 ninutes of delivery. If you add or subtract 3-6 minute on each 30 minute interval of Scan points it can idd up. Mail volume plays a major role not just cased mail but parcels, circulars and accountable. On 'iovember 12 I asked Ed Scofeild for Voice of the employee survey (VOA) that I had received notice 111eeks before to fill out. He refused to give it to me. On November 13, 2008 I was given the survey and 'Hied it out along with Kathy Price a clerk at the office. On November14 of 2008 I wore a Postal 3weatshirt that I purchased, over my regulation shirt to work it was a chilly rainy day. First thing at 7:40 im Ed Scofeild approached me and ordered me to put a regulation shirt on I informed him that I had Jne he told me the sweatshirt was not regulation and I said I know he approached me 3 more times ibout the shirt, he continued to harass me by claiming I was not obeying his instruction. Sharon White ;upervisor then approached me and told me to report to office where Ed Scofeild was waiting and I was >rdered to lift my sweatshirt so that he could see if in fact I actually had a regulation shirt on which I did. began to cry and became distraught. Feeling helpless. On November 19,2008 Shop Steward was I declare under penalty of perjury that the foregoing is true and correct. Affiant's Signature I Date Signed Case 1:14-cv-01597-JBS-JS Document 57 Filed 11/21/16 Page 71 of 109 PageID: 1687 Case 1:14-cv-01597-JBS-JS Document 57 Filed 11/21/16 Page 72 of 109 PageID: 1688 U.S. Postal Service • EEO lnvesti ative Affidavit Witness 1. Afliant's Name (Last. First, Ml) ~ HOFIELD, EDWIN M. PageNo. No.Pages 1 2. Employing Postal Facility Sewell Post Office r'osition TiUe 4. Grade Level 5. Postal Address and Zip +4 6. Unit Assigned Supervisor, Customer Services 141 Center Avenue Sewell, NJ 08080 Privacy Act Notice Privacy Act Notice. The coUection of this infonnation is authorized by the Equal Employment Opportunity AC1of19n, 42 U.S.C. § 2000e-16: · the Age Discrimination in Employment AC1 of 1967. as amended. 29 U.S.C. § 633a: the Rehabilitation AC1 of 1973. as amended, 29 U.S.C. § 794a: and Executive Order 11478. as amended. This information will be used to adjudicate complain1S of alleged discrimination and to evaluate the effectiveness of the EEO program. As a routine use. this infonnation may be disclosed to an appropriate government agency, domestic or foreign, for law enforcement purposes; where pertinent in a legal proceeding to which the USPS is a party or has an interest: to a government agency in order to obtain infonnatfon relevant to a USPS decision concerning employment. security clearances, contradS. licenses. grants, permits °' other benefits; to a government agency upon its request when relevant to its decision concerning employment security clearances, security or suitability investigatiOns, contracts, licenses. grants or other benefits; to a congressional office at your request, to an expert. consultant or other person under contract with the USPS to fuffill an agency function; to the Federal Records Center for storage; to the Office of Management and Budget for review of private relief legislation; to an independent certified public accountant during an official audit of USPS finances: to an investigator, administrative judge or complaints examiner appointed by the Equai Employment Opportunity Commission for investigation of a formal EEO complaint under 29 CFR 1614; to the Merit Systems Protection Board or Office of Special Counsel for proceedings or investigations involving personnel practices and other matters within their jurisdiction; and to a labor OJganization as required by the National Labor Relations AC1. Under the Privacy Act provision. the Information requested is voluntary for the complainant, and for Postal Service empioyees and other witnesses. USPS Standards of Conduct Postal Service regulations require all postal employees to cooperate in any postal investigation. Failure to supply the requested information could result in disciplinary action. (ELM 666) 7. Statement (ConYnue on Form 2569 if additional space is required) -\FFIDAVIT OF EDWIN SCHOFIELD. RESPONDING MANAGEMENT OFFICIAL >-~cepted Issue: The Complainant alleges discrimination based on Race (Not Specified) and Age (DOB: 6/21/1960) when on or about December 1, 2008, Complainant was issued a Notice of Removal. Question 1. Please state your full name. Edwin Muse Schofield Question 2. Please state your position title and grade level. Supervisor · ~ Eas-17 Question 3. Please state your place of employment. Sewell Post Office I declare under penalty of perjury that the foregoing Is true_ and correct. · Affiant's Signature -~,,.__~ • JI .. ~ ;)t, . m 2568-8, March 2001 CV 14-1597 l Date Signed ------ . 3 . .,,3 .. 0 -~ Case 1:14-cv-01597-JBS-JS Document 57 Filed 11/21/16 Page 73 of 109 PageID: 1689 • • a UNITED ST11TES _ POSTt.LSERVICE~® J Investigative Affidavit (Continuation Sheet) Case No. Page No. No. Pages 4C-08()-0015-09 2 Question 4. Please state your business mailing address (including ZIP+4). 141 Center st Sewell, NJ 08080-9998 Question 5. Please state your business telephone number. 856-468-1010 Question 6. Please state your business email address.Schofield.Edwin. M.@ usps. gov NOTE: If any changes have occurred subsequent to the filing date of this complaint, please identify those changes, for example, name change, new position, new title/grade level, new place of employment, etc.) Question 7. Please state your race. Caucasian Question 8. Please state your age. 49 yrs. Question 9. Prior to receiving this request for affidavit, were you aware of the Complainant's race? If yes, please identify the Complainant's race and state when and how you first became aware of it. Female Caucasian. Date I was hired at this office 6/28/2008. · '.luestion 10. Prior to receiving this request for affidavit, were you aware of the Complainant's age? If yes, please identify the Complainant's age and state when and how you first became aware of it. No I declare under penalty of perjury that the foregoing Is true and correct. I . .. - -1 Date Signed---·-- ~· '-3'" d 'j . --·--·----- p.sn~nrs Sig~ture · · ~"'- C\-.... ( ~ •s Form 2569. March 2001 ~'- , fl Case 1:14-cv-01597-JBS-JS Document 57 Filed 11/21/16 Page 74 of 109 PageID: 1690 a UNITEDSTIJTES POSTIJL SERVICE.® • ' ~) Investigative Affidavit (Continuation Sheet) • Page No. No. Pages Case No. 3 4C-080-0015-09 CLAIM ONE - Notice of Removal Issued on December 1, 2008 Complainant alleges that on December 1, 2008, she was issued a Notice of Removal. Please provide testimony addressing the following questions: Unsatisfactory Job Performance. Question 11. Did you issue a Notice of Removal to the Complainant on December 1, 2008? Please include a copy of the Notice of Removal with your affidavit. Yes Question 12. What was the basis/reason for the issuance of the Notice of Removal? Please include any handbook/manual/publication referen.ces cited in the Notice of Removal. Previous discipline led to her removal. Ms. Marley fails to follow the instructions of her Supervisor. Employee and Labor Relations Manual 665.155. r ·stion 13. Was a pre-disciplinary interview ("POI") conducted with the Complainant prior to the issuance of the Notice of Removal? If so, when (date) and who (full name and position title) was in attendance? Please provide a copy of the POI notes for inclusion in the file.11/19/08. Present were Supervisor Ed Schofield and Ms Marley and shop steward Steve Rutkowski. :luestion 14. During the POI, what was the Complainant's version of the incident(s)? Has no idea was her way of answering the questions doing the POI. :luestion 15. Did the Complainant file a grievance appeal regarding the Notice of Removal? If so, what is the status or outcome of that appeal? Additionally, please provide a copy of the grievance decision/resolution for inclusion in the file. Yes. Removal was rescinded, Ms Marley was given her job back. I declare under penalty of perjury that the foregoing Is true and correct. Af:l'iant's Signature S Form 2589, March 2001 cv--14-1597 Case 1:14-cv-01597-JBS-JS Document 57 Filed 11/21/16 Page 75 of 109 PageID: 1691 ~ UNITEDSTJlTES l!.iif POSTJlL SERVICE .. ® • ) Investigative Affidavit (Continuation Sheet) • 4 Case No. ~ 4C-080-0015-09 I Page No. No. Pages Question 16. Are you aware of any employees who were treated similarly to the Complainant in the same/similar situation? If so, please provide the information noted in the matrix below. Also ·provide the EIN for these named employees. Employee Full Position Duty Immediate Race Age Describe Disciplinary Action Name and EIN Title Station Supervisor Issued for Unsatisfactory Job Performance Lynn Carrier 08080 Ed White unknown Removal 7-24-08 Schwegal Schofield 04066590 Clerk 08080 Ed White Unknown Letter of warning 3-11-09 . George Schofield . Bockman 01310901 Clerk 08080 Ed Black Unknown Seven Day Suspension 10- Laws-Burton Schofield 14-08 DJ;>Siree ( J9605 Clerk 08080 Ed Black Unknown Seven Day Suspension 11- Sean Falls Schofield 20-08 0103241 Question 17. Please identify what discipline has been issued in the past 12 months, including a notice of removal for unsatisfactory job performance. Was there a concurring official? Please provide copies of documentation. Lynn Schwegal 7-24-08. Concurring offiGial Postmaster Evelyn Hunley. Juestion 18. The Complainant identified the following comparison employees: ::mployee Position Duty Immediate Race Age Describe Disciplinary Action =u11 Name Title Station Supervisor Issued for Unsatisfactory Job Performance --J -- ---- I declare under penalty of perjury that the foregoing 1s true and correct. I Oat• s;Qned ··- ---- ~ • Z.. 3·~? Affianl's Signature ~-~ ~ Form 2569, March 2001 Case 1:14-cv-01597-JBS-JS Document 57 Filed 11/21/16 Page 76 of 109 PageID: 1692 Case 1:14-cv-01597-JBS-JS Document 57 Filed 11/21/16 Page 77 of 109 PageID: 1693 . 'ostal Service • J lnvesti ative Affidavit Witness .fianfs Name (Last, First. Ml) uNLEY, EVELYN E. Page No. No. Pages 1 2. Employing Postal Facility Sewell Post Office J. Position Title Posbnaster 4. Grade Level 5. Postal Address and Zip +4 6. Ufllt Assigned EAS 21 141 Center Avenue se-11, NJ 08080 Sewell Post Off"ice Privacy Act Notice Privacy Act Notice. The collectiOn of this infonnalion Is authorized by the Equal Employment Opportunity Ad of 1972, 42 U.S.C. § 2000e-16; the Age Discrimination In Employment Act of 1967, as amended, 29 U.S.C. § 6338; the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794a; and l;xacutive Older 11478, as amended. This information will be used to adjudicate ccmplainls of alleged discrimination and to evaluate the effectiveness of the EEO program. As a routine use, this infonnalion may be disclosed to an appropriate government agency. domestie or foreign, for law enforcement purposes; where pertinent. in a legal proceedi09 to which the USPS is a party or has an Interest; to a government agency in order to obtain information relevant to a USPS decision concerning employment, securily clearances, contracts, licenses, gram, pennils or other benefls; to a government agency upon ils request when relevant to ils _,, concerning emploYR*'i secunty clearances. seculily or suitability invesligaliona, contracts. licenses. grants or other benefits; to a congressional oflk:e at your l8qUllSI, to an expert, consultant or other person under contract with the USPS to fulfill an agency function; to the Federal Records Center for storage; to the Oftlce of Management and Budget for review of private relief legislation; to an Independent certified pubDc accountant during an official audit of USPS finances; to an investigator, administrative judge or complaints examiner appointed by the Equal Emptoymant Opportunity Commission for lnwsligation of a fonnal EEO complaint under 29 CFR 1614; to the Merit Systems Protection Board or Office of Special Counsel for proceedings or investigallOns lnvoMng personnel practices and other matters within their jurisdiction; and to a labor organizatiOn as required by the National Labor RelatiOns Act. Under the Privacy Act provision, the infonnation requested is voluntary for the complalnan~ and for Postal Service employees and other Witnesses, USPS Standards of Conduct Postal Service regulations require all postal employees to cooperate in any postal investigation. Failure to supply the requested information could result in disciplinary action. (ELM 666) 7. Statement (continue on Fonn 2569 if aaditional space is required) AFFIDAVIT OF EVELYN HUNLEY. CONCURRING MANAGEMENT OFFICIAL Accepted Issue: The Complainant alleges discrimination based on Race (Not Specified) and Age (DOB: 612111960) when on or about December 1, 2008, Complainant was issued a Notice of Removal. Question 1. Please state your full name, position title, grade level, place of employment, work telephone number, and work email address. If any changes occurred during the interim of this activity in the EEO complaint process, please identify those changes; e.g., name change, new position title/grade level, and/or new place of employment. Evelyn E Hunley, Postmaster, EAS 21, Sewell Post Office, (856) 468·1010, Evelyn.E.HunleY@USPS.gov Altlanfs Signature E,,J,po """"" I declare under penalty of petjuiy that the foregoing Is true and correct. I Data Signad . 3/27/09 PS Form 2568-B, March 2001 CV i4- i :-;~7 Case 1:14-cv-01597-JBS-JS Document 57 Filed 11/21/16 Page 78 of 109 PageID: 1694 • • iiii!=!ll UNl~STLiIES - POSTIJLSERVICEe® Page No. No. Pages Case No. EEO Investigative Affidavit (Continuation Sheet) 2 4C-080-0015-09-,' Question 2. Please state your race. African American Question 3. Please state your date of birth. 11/21/1952 Question 4. Prior to receiving this request for affidavit, were you aware of the Complainant's race? If yes, please identify the Complainant's race and state when and how you first became aware of it. Yes, looks Caucasian, I became Postmaster of Sewell in March of 2003, Ms. Marley was already employed at this facility Question 5. Prior to receiving this request for affidavit, were you aware of the Complainant's date of birth and/or age? If yes, please identify the Complainant's age and state when and how you first_ became aware of it. No · · CLAIM ONE - Notice of Removal Issued on December 1, 2008 Complainant alleges that on December 1, 2008, she was issued a Notice of Removal. Please provide testimony addressing the following questions: Question 6. Did you make the decision to issue the Complainant a Notice of Removal? If not, please identify the management offtcial(s) by name, race, age, position title, work telephone number. email address and work location. Ms. Marley's supervisor Edwin Schofield Issued the removal. Mr. Schofield looks like he is Caucasian, I do not know his age , he is a Supervisor of Customer Service, work number Is (856) 468-1010, Edwin .M. Schofleld@USPS.gov., Sewell Post Office. Affiant's Signature f.w/Jp< !lbutl'f PS Fann 2569, March 2001 CV 14 159} I declare under penalty of petjury that the foregoing is true and correct. I Dote Signed 3127/09 r...-:i Case 1:14-cv-01597-JBS-JS Document 57 Filed 11/21/16 Page 79 of 109 PageID: 1695 • • ~ !!!!}....TErJST4TES ~ rv.:>il.lLSERVICE.® Investigative Affidavit (Continuation Sheet) · 3 4C-080-0015-09 Page No. No. Pages Case No. Question 7. Did you issue a Notice of Removal to the Complainant on December 1, 2008? Please include a copy of the Notice of Removal with your affidavit. NO Question 8. Who concurred with issuing the Complainant a Notice of Removal? Please identify the management official{s) by name, race, age, position title, work telephone number, email address and work location. I concurred with the Supervisor. Evelyn Hunley, African American, 11/21/52, Posbnaster, (856) 468-1010, Evelyn. E. Hunley@USPS.gov, Sewell Question 9. If you were the concurring management official, what documentation did you review prior to concurring in the issuance of the Notice of Removal? Please provide copies of the documentation you reviewed with your affidavit. I reviewed the prior discipline and documents from previous discipline Question 10. What was the basis/reason for the issuance of the Notice of Removal? Please ihclude any handbook/manual/publication references cited in the Notice of Removal. Unsatisfactory Job Performance Question 11. · Was a pre-disciplinary interview ("POI") conducted with the Complainant prior to the issuance of the Notice of Removal? . If so, when {date) and who {full name and position title) was in attendance? Please provide a copy of the. POI notes for inclusion in the file. Yes • The PDI was submitted to labor with request for discipline Question 12. During the POI, what was the Complainant's version of the incident(s)? Answered very vaguely and gave one word answers I declare under penalty of perjury that the foregoing Is. true and correct. -.;anfs Signature p9/""4 PS Fann 2569, March 2001 ··J 1·1-J )97 \ Date Signed 3127/09 Case 1:14-cv-01597-JBS-JS Document 57 Filed 11/21/16 Page 80 of 109 PageID: 1696 • • -_!~Tilav~.® "° nvestigative Affidavit (Continuation Sheet) 4 4C-080-0015-09 Page No. No. Pages Case No. Question 13. Did the Complainant file a grievance appeal regarding the Notice of Removal? If so, what is the status or outcome of that appeal? Additionally, please provide a copy of the grievance decision/resolution for inclusion in the file. Yes, it was rescinded by the DRT. Stating that management did not prove its case. The decision was sent to the District Manager for review because the ORT stated that management did not provide certain documentation which was included In the package. ,_ Question 14. In the past year, were there other ~mployees under your supervision who were issued a Notice of Removal or discipline and if so, please identify by: (a) Name; (b) Race; (c) Age; (d) Position title; (e) Work location; (f) Employee identification number; (g) Date the employee was charged with discipline; and (h) Provide the TACS Report and relevant documentation. Employee Full Position Work Immediate Race Age Date Discipline Issued; Name and EIN Title Location Supervisor Describe Disciplinary Action Issued for - Unsatisfactory Job Performance - Supervisor Sewell Evelyn Caucasian unk Failed to follow directive Edwin Schofield Hunley and office standard 01214412 operating procedures, letter of warning issued 1/3/09 Supervisor Sewell Evelyn Caucasian unk Failed to follow Sharon White Hunley standard operating 01336515 procedures 14 day suspension issued 7125108 Supervisor Sewell Evelyn African unk Failed to follow Shilda Locust Hunley American standard operating :11054294 procedures 7 day suspension issued 5120108 - I declare under penalty of petjury that the foregoing Is true and correct. "-----~'lt's Signature •9/unlt¥ >s Fonn 2589, March 2001 · J Date Signed 3127/09 ~ -- . - - Case 1:14-cv-01597-JBS-JS Document 57 Filed 11/21/16 Page 81 of 109 PageID: 1697 • • Page No. No. Pages Case No . .ii=!!f UNITCl)ST~ _ ~SERVICE.® r ,nvestigative Affidavit (Continuation Sheet) 5 4C-080-0015-09 ··-· Question 15. Please identify what discipline has been issued in the past 12 months, including a notice of removal for unsatisfactory job performance. Was there a concurring official? Please provide copies of documentation. Attendance (4) LOW , RemovaU performance(3), Improper Conduct LOW (2), Job Performance LOW/and a 7Day Suspenslon(2) Question 16. Was the Complainant's race a factor in the issuance of the Notice of Removal? NO Question 17. Was the Complainant's age a factor in the issuance of the Notice of Removal? No, Unknown Qwt_stion 18. Please provide any additional information that you feel would be relevant and/or aterial to the issues giving rise to this complaint. None at this time h .. .:ASE MAKE SURE THAT YOU SIGN AND DATE EACH PAGE OF YOUR AFFIDAVIT, INCLUDING THE CERTIFICATION, PS FORM 2571. PLEASE DO NOT STAPLE YOUR AFFIDAVIT OR ANY ACCOMPANYING DOCUMENTS, PlEASE DO NOT WRITE/TYPE ON THE REVERSE SIDE OF THE AFFIDAVIT FORMS OR ACCOMPANYING DOCUMENTS. ~ <1nrs Signature • !H""'4 >S Form 2569, March 2001 I declare under penalty of peljury that the foregoing Is true and correct. I Date Signed 13127/09 Case 1:14-cv-01597-JBS-JS Document 57 Filed 11/21/16 Page 82 of 109 PageID: 1698 -\--~ '- _. ·.· . .,;_·<. Case 1:14-cv-01597-JBS-JS Document 57 Filed 11/21/16 Page 83 of 109 PageID: 1699 Sei(IVice !?ate: 10/09/2008 L - ~' Proj Route % Route Carrier Type OTOI OT/UT Std ... etters 80005 HANNA. MS REG 10 0:45 100 557 80006 OLSON. MT REG 12 0:27 81 228 80007 HOPKINS, AL PTF 1:04 100 171 80008 GOOOMAN,SS REG 10 0:46 85 579 80009 BENEVENTO Ill, D REG 12 1:03 91 171 80010 MARLEY, ME REG WA 0:42 79 171 80020 MONTANERO, AM T-6 10 1:02 100 234 80021 OLINGOU, CR TE -0:08 100 788 80022 ROBINSON, TA REG 12 0:34 86 190 ) Workload Status Report RESTRICTED INFORMATION II• A II, .~:1~1-1- I "11. A ,-.., ..... _;,_),-,er. __ '11. •--'·' __ .-1 o '""'--' ~ -•-.,, , ___ ·- -.-: __ lc-~-- -4 ,;;·:-;;:.·;·:..:-:,: .... o n--•--~-....1 n-•· ·-·- -r:~-1 ............................ "'"'' .................... , '-"llO'-'C VVV1r.1....,Q .... Ul I IVjO:.VlOU 1-C:.QY<;. rUol<,.. '-'"'-'"' • vuo "''-''-'"' '-"' ,..,,...,,,_.,...,,_. • '""'"'''' • .,,,.., Proj Aux Misc Proj Leave Base Aux Misc Proj Return Seq Office Prov(+) Offire Leave Time Street Prov(+) Street Return Time Flats pp OPS FSS Pcs Letters Ft a ts Hours Rcvd(-) Time Time Var Hours Rcvd(-) Time Time Var 792 11 1779 404 3:02 000 0:00 10:27 AM 0:39 5:42 0:00 0:00 4:39PM 0:45 1231 18 2434 1404 3:05 0:00 0:00 10:24AM 0:28 5:22 0:00 0:00 4:17 PM 0:27 1090 14 2266 1401 3:17 0:00 0:00 10:36AM 1:05 5:48 0:00 0:00 4:54 PM 1 :04 920 21 2088 451 2:56 0:00 0:00 10:16AM 1:16 5:50 0:00 0:00 4:35 PM 1 :16 946 13 2042 1221 2:44 0:00 0:00 9:58AM 0:03 5:19 0:00 0:00 3:47 PM 0:03 1127 12 2085 1329 2:46 0:00 0:00 10:06 AM 1:02 5:55 0:00 0:00 4:31 PM 0:42 1070 14 2253 1308 3:18 0:00 0:00 10:38 AM 1:02 5:43 0:00 0:00 4:51 PM 1:02 453 15 2073 1198 2:31 0:00 0:00 9:51 AM -0:07 5:21 0:00 0:00 3:42 PM -0:08 1242 19 2186 1257 3:13 0:00 0:00 10:33 AM 0:35 5:21 0:00 0:00 4:24 PM 0:34 c UnitTotals I I I 615J I 3089188711 137J 19206I ol 99731 oJ ol 2652J I O:ool I 6:031 503ir--T-00o1 r-sAS] Unit Summary Volume Authorized Hours Total Case 11,960 Projected Hours 77:15 Total Base 15,684 Base Hours 75:44 Budget Hours 0:00 Workload Hours Total Office 26:53 Total Street 50:22 Total Route 77:15 Overtime I Leave Hours Overtime Annual Leave Sick Leave 6:23 0:00 8:00 GENERATED BY: SCHOFIELD. ED SEWELL Case 1:14-cv-01597-JBS-JS Document 57 Filed 11/21/16 Page 84 of 109 PageID: 1700 Workload Status Report Sen1:.:e Date: 10/02/2008 RESTRICTED INFORMATION ·L T; ......... lc-•---• \111- .. 1.1 ...... .., o n ...... ; ..... ,_,.., n-•···- -r:--1 - ... -------- --- j .ti.ft.A r-11.+...,iloN'IUi.rn \1\1,....,.1,1,.....,~ P o .. ..,;,.,,..t ...... I . - ... ----~·-;::- -_·;:.;..~ ~--~_;;; .. ~--.;. - .- ·-·--·-- ............................................................. - '·-·--·-- .. ,,,. ............... '• 1.::· Proj Proi Aux Misc Proj Leave Base Aux Misc Proj Retlln "' Route % Seq Offioe Prov(+) Oflloe Leave Time Street Prov(+) Street Return Time Route Carrier Type OTDI OT/UT Std '""etters Flats pp DPS FSS Pcs Letten Flats Hours Rclld(-) Time Time Var Houis Rcvd(-) Trne Time Var 80005 HANNA, MS REG 10 0:01 100 76 506 11 1326 404 1:49 0:00 0:00 9:13AM -0:34 5:42 0:00 0:00 3:26 PM -0:29 80006 OLSON, MT REG 12 -0:06 81 114 726 16 2042 468 2:01 O:OO 0:00 9:21AM -0:36 5:22 0:00 0:00 3:13 PM -0:36 80007 MONTANERO, A IV T·6 WA -0:08 100 152 577 15 2032 467 2:04 0:00 0:00 9:23AM -0:08 5:48 0:00 0:00 3:41 PM --0:08 80008 GOODMAN, SS REG 10 -0:15 85 154 619 13 1507 451 1:55 0:00 0:00 9:15 AM 0:15 5:50 0:00 0:00 3:3SPM 0:15 80009 BENEVENTO 111, D REG 12 0:07 91 152 512 17 1703 407 1:48 0:00 0:00 9:02AM -0:53 5:19 0:00 0:00 2:51 PM -0:53 80010 MARLEY.ME REG WA 0:01 79 352 662 16 1878 443 2:05 0:00 0:00 9:25AM 0:21 5:55 0:00 0:00 3:50PM 0:01 80020 SHARKEY, J p REG WA -0:11 80 612 528 17 1946 436 2:06 0:00 0:00 9:26AM -0:10 5:43 0:00 0:00 3:39PM -0: 11 80021 BOSTIC, TK REG WA -0:06 100 171 774 14 2103 699 2:33 0:00 0:00 9:52AM -0:05 5:21 0:00 0:00 3:43 PM --0:06 80022 ROBINSON, T A REG 12 0:22 86 114 675 18 1935 419 2:01 0:00 0:00 9:20AM -0:37 5:21 0:00 0:00 3:11 PM -0:38 r - UnitTolals :i-=1 I -0151 I 1897155791 1371 164721 ol 40941 ol ol 18:221 I o:ool I ·2:271 50:211 I o:ool I -2:451 Unit Summary Volume Total Case Total Base 10/0212008 08: 19 j .. 7,476 15,684 Authorized Hours Projected Hours 68:44 Base Hours 75:44 Budget Hours 0:00 Workload Hours Overtime I Leave Hours Total Office 18:22 Overtime Total Street 50:22 Annual Leave Total Route 68:44 Sick Leave 1:39 0:00 0:00 GENERATED BY: SCI J=LD, ED SEWELL Case 1:14-cv-01597-JBS-JS Document 57 Filed 11/21/16 Page 85 of 109 PageID: 1701 ·.' ;_ -1'- Case 1:14-cv-01597-JBS-JS Document 57 Filed 11/21/16 Page 86 of 109 PageID: 1702 % To Standard and DOIS "'le number called "% to standard" is derived from a DOIS computation. The DOIS program arrives at the , fS number by totaling all time used to case and withdraw mail and divides that number by the totals of flats and letters. Example#1 Letters 1500 Divided by 18 Flats 450 Divided by 8 Total 1950 Divided by 70 = 83 min. casing 56 min. casing 28 min. withdrawal TOTAL TIME: 167 MINUTES 100% OF STANDARD % to standard for this example would be 100% to standard. Each function took the exact amount of time for the minimum 18 & 8 Standard. In the cases below% to Standard is arrived at by dividing the ACTUAL TOTAL by 100% of Standard. Example#2 Letters 1500 Actual time Flats 450 Actual time Total 1950 Actual time 75 min. casing 49 min. casing 23 min. withdrawal TOTAL TIME: 147 MINUTES 88% OF STANDARD (147 7 167 = 0.880) In this case the PTS is 12% LESS than 18 & 8 meaning the Carrier cases 12% FASTER than 18 & 8 Example#2 Letters 1500 Divided by 18 = 92 min. casing Flats 450 Divided by 8 = 65 min. casing otal 1950 Divided by 70 = 30 min. withdrawal TOTAL TIME: 187 MINUTES 112% OF STANDARD (187+167 = 1.119) In this case the PTS is 12% MORE than 18 & 8 meaning the Carrier cases 12% SLOWER than 18 & 8 In all the examples above the mail volume was the same. In reality volume is different each day. DOIS comes up with the daily PTS based on the volume figures input by the supervisor for that day. The program then computes the PROJECTED time. Projected time is the amount of time DOIS estimates to case and withdraw X amount of mail based on the individual PTS assigned each Carrier based upon their last inspecion. Once the Carrier has clocked out to the street the program computes the ACTUAL time taken and volume to arrive at that days actual % to Standard. Those computations are done for individuals and for the office as a whole. A primary reason DOIS is not accepted by the NALC is it's inherent flaw of being based on numbers input by managers. If the numbers are not accurately input nothing based on those numbers will be reliable. DOIS has no guarantee of accuracy or of providing Carriers credit for all the work done because of the human element involved. Management can manipulate the DOIS output by their control of the input. Carriers need to know that DOIS is simply a management estimator, nothing more. There is no Contractual requirement for any Carrier to achieve DOIS estimates. Do not allow yourself to be bullied into working to their numbers. Give a fair days work consistently -- the key being consistency. Your work pace should be about the same as when you were last inspected. Discipline related to not meeting DOIS estimates won't stand providing you are performing the job properly according to the M-41. Learn the rules on the use of the PS Form 3996 and refuse to be intimidated. Case 1:14-cv-01597-JBS-JS Document 57 Filed 11/21/16 Page 87 of 109 PageID: 1703 ; ' ., ' ·."'. ' )1~ ' •' ' .i Q~~i. SEP 10 2009 OGO.ii Counselor's Report NEEOISO ·---~ 1 , - Pa;~ i g ci 3! L\/ 14-1.)97 Case 1:14-cv-01597-JBS-JS Document 57 Filed 11/21/16 Page 92 of 109 PageID: 1708 .• Case 1:14-cv-01597-JBS-JS Document 57 Filed 11/21/16 Page 93 of 109 PageID: 1709 November 4, 2009 Natalie Alpheus EEO USPS Dear Natalie, .. 600 Eat AU antic Ave S-N.~08080 609·208-2616 maryelk!n~mcastntt Enclosed Isa pending letter of removal dated October 20,2009. Which I received October 23,2009. I called you 3timesafterwards andyouwereoutoftheoffice. lwasremovedfromtheofliceon0ctober5, 2009. I did not demand anything from Postmaster Hunley I simply put a request in writing on her desk. Why now she Is adding lnfonmation which Is false Is once again her attemptto make me look like a violent person. Postmaster Hunley claims I poked her which Is ridiculous, I was 25feetaway from her. I did not bum Into anything. I walked Into her office because Sharon White went out the back door and there was no management pen;on to sign PS fonm3971. She could not ewn do that .. she ftat out refused to sign telling me to get out of her office, wagging her finger in my face, tttat is not her job. I signed it and left. Hardtyanywords were even spoken. I am very cautious of Postmaster Hunley because as you know it has been some time now that she has been llying to make me look like a th real As far as the second charge Unsatisfactory job perfonnance. There Is no evidence of poor job. Sharon White came out to my route September 8th and began to follow me. When I was about 12 houses into delivery of my fim street LIVINGSTONE RD, a customer asked men that was my boss following me? I tumed around and sure enough Sharon White was there ctipboard in hand. I exclaimed you could have told me you were following me! And she replied "I did not know I was! Evelyn ordered me to." Sharon followed behind me all day until my return to the office at 620pm. Two days later on September 10 , 2009 a supeNlsorfrom Sickle!Villewas sent to the Sewell Post Office to count and observe my performance. Jeff from Sick!erville actual!y rode in my vel'licfe wtttl me and again my return was after 6 pm. Sharon and Evetyn were the onty on1S at office and locked the gate so I could not re tum to par1ute claiming I was getting¥.. hour work from excessed route Son August 15, 2009. He than started lnstnwting me to be bacl useJ -fD s hovJ 1 r1CO$.~t5~>t f- --erc~-rc'fVl.et'tf f1 -::: f'vO 3Dt£l ~ ~ c J J cei,wpl~+~ ~ q q '1 nr:: (lo+ f(/eva11t Case 1:14-cv-01597-JBS-JS Document 57 Filed 11/21/16 Page 102 of 109 PageID: 1718 Date LeftOfficei Tot. Vol 3996Req. [ 3996Aprv. I Act.Work +/- 9-Jul 9:56(34)! ? 20 i 20 ! .37(22) ' 14-Jul 9:57(34)i 4782, 45 I 20 i 1.02(61)· 11-Aug 10:08(5): 4244[ nol3996 i .79(48) ~ ~t f- ! 9:90(54)1 46501 2-Sep ! 50 0 : 1.04(63) rl),~ 4-Sep ' ~~:~~~~:! 29141 15-30 ...j 0 ' .26(16)1 5-Sep ! 2929, 30 i 0 I .47(28)' 12-Sep I 9:77(46)1 4012i 45 I 0 I .48(29) ' 2-0ct I 9:80(48)1 3335 45-1hr 30 I 1.01(60) 3-0ct I 9:90(54)1 40021 30-45 I 30 I .83(50) I I 9-0ct i 9:73(44)! 47121 1 I 45 1.03(62li ! I 10-0ct ! 11:32(19)! 2 l 1 ! .95(57) 4611 : 14-0ct I 9:32(19)1 57441 45 L 0 I 1.15(69) 24 17-0ct i 9:73(44)1 33121 45 I 0 ! .59(36) -- 3-Nov I 9:84(51)1 4130 30 30 ! 1.18(71) 48 4-Nov I 9:76(46)[ 3211 45 0 ! .56(34) ' - 1hls c,Jr,J -~,hows ffl"''/ 1 5 , ~ o~-r 1{ WQS Cl'-f a-P+er hoL°Jay ()\~j. MV
