Status Update – USPS SEEKS TO DIVIDE AND UNDERCUT CLASS MEMBER CLAIMS FOR RELIEF

On February 26, 2019, USPS attorneys filed a response to Class Counsel’s Motion for Entry of a Case Management Order. The Postal Service attacks Class Counsel’s role in the process, renaming them as “Phase I Class Counsel,” and referring to Ms. McConnell as “Phase I Class Agent.”

USPS asks that the EEOC simply take their word that all Class Members were properly notified in March 2018, despite evidence to the contrary.

USPS proposes that all Class Members move forward independently through a process that seeks to hide evidence from the Class Members and the EEOC Administrative Judge, seeks to endlessly hold up decisions on the relief claims, and ultimately undercuts every Class Member’s claim for relief.

A copy of the USPS Response brief and the USPS proposed Case Management Order is available by clicking here.

We will continue to vigorously oppose the Postal Service’s attempt to shield information from Class Members and the EEOC Administrative Judge. We will fight the USPS attempt to break apart the certified class and extinguish claims for relief one by one. We will strive for a fair and efficient process that considers all important evidence and provides all relief that is due to the victims of the NRP.

A status conference with the EEOC Administrative Judge is scheduled for March 20, 2019. We expect that the Administrative Judge will issue an order regarding these issues some time after the March 20, 2019 status conference. We will provide an update after the status conference.

Status Update – Class proposes “case management order” that would establish a comprehensive claims determination process

Now that the Postal Service has disputed every individual claim for relief (over 28,000), the EEOC must establish a fair and efficient claims determination process in accordance with EEOC rules. The EEOC has never been faced with a claimant class this large.

On February 11, 2019, Class Counsel filed a proposed “Case Management Order” to establish a comprehensive claims determination process. Our submission may be viewed here.

As you will see, our proposal addresses both fairness and efficiency. Our proposed “Case Management Order” calls for immediate processing of 50 initial claims, including opportunities for limited discovery. This proposal is consistent with many other successful class actions. Experience shows that the claims determination process speeds up tremendously after the initial batch of claims is addressed. In other words, a process starting with 50 claims can ramp up to 500 claims, and so on. Our approach would lead to the fastest means of considering all Class Member claims in a fair manner.

Our proposed “Case Management Order” is carefully tailored to this unprecedented case. Our proposal recognizes the limits on the EEOC’s case-processing capacity, as well as the Postal Service’s unyielding opposition to fair resolution of your claims. As always, we pledge to continue our hard fight for forward progress, advancing as far as possible, as fast as possible.

The Postal Service will submit its response to our proposed “Case Management Order” in approximately 15 days. After that, the EEOC Administrative Judge assigned to this case will issue an order regarding the claims determination process. We will promptly provide an update on this website as soon as that information is available.

We deeply appreciate your extraordinary patience as this lengthy process moves forward. Without your patience and persistence, the Postal Service would have won without a fight. We will do everything in our power to reward your patience by fighting for a fair and reasonable determination of your individual claims for relief.

Status Update

We understand that some class members who submitted claims for individual relief have received response letters again from the Postal Service. Please send our office a copy of any letters that you receive from the Postal Service as soon as possible. We recommend emailing such letters to us at [email protected] or faxing us at 585-272-0574. There is nothing further you need to do at this time, but we will be in touch in the coming weeks if we need anything additional from you.

Status Update – Notice of Vacated Final Agency Decision

Given the final decision from the EEOC regarding our appeal (see below), the Postal Service has begun sending out Notice of Vacated Final Agency Decisions and Contact Information Update Sheets. Our contact information is as follows:

Law Firm:
Thomas & Solomon LLP

Address:
693 East Avenue
Rochester, NY 14607

Phone:
585-272-0540

Email Address:
[email protected]

Status Update – Decision on Appeal regarding Premature FADs

As previously reported on June 27, 2018 (see below), the Postal Service prematurely issued thousands of Final Agency Decisions in this case, thereby undermining the ability of class members to provide a full presentation in support of their claims for individual relief. We appealed this improper action by the Postal Service. We have recently received a final decision from the EEOC regarding our appeal. The EEOC agreed with our position. As a result, all individual claims will be sent back to the Administrative Judge for appropriate processing, in accordance with EEOC Management Directive 110, Chapter 8, Section XII.C. This is a good development, but a lengthy fight remains in order to obtain a just and fair result. There is no action needed at this time on your individual claim. Our offices will be in touch with you when you need to take additional steps.

Status Update – CONTACT US IF USPS SENDS YOU FORMS

The Postal Service has sent forms to be completed by some claimants. If you have retained our firms to represent you, and if you have received forms recently from USPS, please call us immediately at 585-272-0540 to discuss completing these forms. Please also send us a copy of the forms as the Postal Service has NOT sent copies to your attorneys.

Before sending your completed forms to the Postal Service, please contact us, make a copy for your records, and then send our office a copy.

Status Update

Appeal brief has been filed.

Status Update

Appeal pending. See below for more information.

Status Update – Notice of Appeal Filed

Click here for a copy of the notice of appeal filed on July 12, 2018.

Current Status of the Case – Final Agency Decisions Issued Prematurely by USPS

We have learned that the Postal Service has begun issuing Final Agency Decisions (FADs) on individual claims, summarily rejecting all relief. We believe that this action by the Postal Service is improper.

EEOC guidance sets forth an orderly process for the Administrative Judge to review and adjudicate disputed individual claims after class-wide discrimination has been found. (See EEOC Management Directive 110,Chapter 8, Section XII.C.) The Postal Service is disrupting the process by issuing premature FADs. We have filed an Emergency Petition for Enforcement with the EEOC, seeking an order directing the Postal Service to withdraw premature FADs, thus clearing the way for the Administrative Judge to review relief claims and develop the record as appropriate.

We hope the EEOC will act quickly to restore order to this process. Nevertheless, we are prepared to file an appeal from the FADs by July 12, 2018. This date (July 12, 2018) is well before the 30-day deadline for filing an appeal from the earliest FAD that we know about.

What you need to do: The Postal Service HAS NOT sent copies of the FADs to us. If you receive a Final Agency Decision related to the McConnell/NRP class complaint, please provide our office with a copy as soon as possible. We recommend emailing FADs to us at [email protected] or faxing us at (585) 272-0574.

Do you need to file an individual appeal from the FAD? It depends. The EEOC previously approved us as Class Counsel in this case, and we will continue to advocate on behalf of the class as a whole. But we expect the Postal Service to argue that we cannot file an appeal for class members unless they have retained us in writing on an individual basis which is why we have given that option to class members to retain us individually to prevent the Postal Service from even making that argument for anyone who does so. Accordingly, it is a good idea to proceed cautiously.

If you have previously retained Class Counsel to represent you in your individual claim, we will specifically name you in our appeal from the FADs, and you do not need to submit a separate FAD appeal notice to the EEOC.

On the other hand, if you have not yet retained Class Counsel to represent you in your individual claim, we will not include your name in our appeal from the FADs, and it will be necessary (in an abundance of caution) for you to file your own separate appeal notice to the EEOC before the deadline set forth in the FAD you receive.

There is still time for you to retain Class Counsel to represent you in your individual claim for purposes of appealing from the FADs, and in connection with future proceedings before the Administrative Judge (including developing the record as appropriate). If you now would like to retain Class Counsel on an individual basis in an abundance of caution, please contact us at [email protected] or by calling us at (585) 272-0540 or faxing us at (585) 272-0574.

We will provide updated information regarding the process on this website. Please continue to monitor this website for updates. Thank you.