• Please keep questions in the Questions forum to contract, procedures, and requests for documentation. Vehicle, TSP, retirement, etc questions please post in the regular forums. Thank you
  • Everyone, please help make our jobs easier and choose the correct category. Thank you

Loophole to 2 year Rule for injured regular?

Status
Not open for further replies.
At my station, there was an injured RCA (bad back-out for 2.5 years) when a bid for regular was opened. She was number one in seniority and won the bid, although she was unable to perform the duties. I read the rules and learned that she had 6 months to claim the route. A few weeks before the 6 months were up, her doctor finally gave her clearance. She did the route for about 4 weeks and claimed injury again and hasnt worked in a few months.

I asked the local steward about the situation and was told that basically this woman found a loophole to the 2 year injury window rule (since she wasn't a regular when it started) and can now keep the rest of us from moving up in the line for another 19 months. So basically she will have been out on injury for 5 years before one of us can bump her and become regular. I'm just curious if anybody has any info I can use in regards to such a situation. Did she find a loophole and is able to restart the clock or can I challenge her doctors assurance that she was able to do the job when she clearly was not able?
 
Solution
At my station, there was an injured RCA (bad back-out for 2.5 years) when a bid for regular was opened. She was number one in seniority and won the bid, although she was unable to perform the duties. I read the rules and learned that she had 6 months to claim the route. A few weeks before the 6 months were up, her doctor finally gave her clearance. She did the route for about 4 weeks and claimed injury again and hasnt worked in a few months.

I asked the local steward about the situation and was told that basically this woman found a loophole to the 2 year injury window rule (since she wasn't a regular when it started) and can now keep the rest of us from moving up in the line for another 19 months. So basically she will have...
Good Ole Greg -- "Loophole to 2 year Rule for injured regular?"

-- That "loophole" is covered in MOU #7, Section 2.

- Substitutes and Rural Carrier Associates ( RCA ) who are temporarily unable to fully perform the duties of a bid-for regular carrier position or a Part-Time-Flexible ( PTF ) position WILL BE ALLOWED to bid for the rural carrier assignment in accordance with Article 12.3. or Article 30.2.A.3 of the USPS-NRLCA National Agreement, provided the employee will be able to perform the duties of the bid-for position within six ( 6 ) months from the time the bid is awarded. During this period, the position shall be held in abeyance and shall not be awarded to the employee until such time that he or she is able to perform the duties of the bid-for position.

-- No way to discover if the second claim of injury was a new injury or a re-injury due to HIPPA laws.

-- As the second injury claim occurred while she was a regular rural carrier, MOU #6 applies ( IMHO ).

- The regular carrier must relinquish the route IF she is unable to perform ALL the duties for a period or 2 years OR has submitted medical certification that she will be unable to perform all the duties for a period of 2 years.

-- When did the "clock" begin for the second injury claim?

-- Any claim submitted of being unable to perform the duties for 2 years? Manglement should be able to answer that. If not, then maybe your Assistant District Representative can "peel back the onion."

" can I challenge her doctors assurance that she was able to do the job when she clearly was not able?"

-- Probably not a can of worms you want to open as she was able to work for 4 weeks. The doctor has a medical degree ( hopefully ) and you don't.

-- Maybe the ADR can discreetly ask if there was an investigation into the new or reinjury as to if the employee used incorrect method(s).
 
At my station, there was an injured RCA (bad back-out for 2.5 years) when a bid for regular was opened. She was number one in seniority and won the bid, although she was unable to perform the duties. I read the rules and learned that she had 6 months to claim the route. A few weeks before the 6 months were up, her doctor finally gave her clearance. She did the route for about 4 weeks and claimed injury again and hasnt worked in a few months.

I asked the local steward about the situation and was told that basically this woman found a loophole to the 2 year injury window rule (since she wasn't a regular when it started) and can now keep the rest of us from moving up in the line for another 19 months. So basically she will have been out on injury for 5 years before one of us can bump her and become regular. I'm just curious if anybody has any info I can use in regards to such a situation. Did she find a loophole and is able to restart the clock or can I challenge her doctors assurance that she was able to do the job when she clearly was not able?
I know firsthand........... when a injured carrier is bidding on a position. They need to have a doctors certification on file, that states they will be able perform all duties of a regular carrier 100 % by 6 months of the job posting. If there is no doctors certification on file then the route was held illegally for the bidder. Looks like it is time to file and investigate if this was done. This happened to me, I filed and won, my postmaster illegally held a route up for bid for a injured regular carrier who had no doctors certification stating he would be able to perform 100% of his duties, there was never any such letter on file. How many doctors would be stupid enough to sign such a letter.
 
Solution
I know firsthand........... when a injured carrier is bidding on a position. They need to have a doctors certification on file, that states they will be able perform all duties of a regular carrier 100 % by 6 months of the job posting. If there is no doctors certification on file then the route was held illegally for the bidder. Looks like it is time to file and investigate if this was done. This happened to me, I filed and won, my postmaster illegally held a route up for bid for a injured regular carrier who had no doctors certification stating he would be able to perform 100% of his duties, there was never any such letter on file. How many doctors would be stupid enough to sign such a letter.
Thanks for the replies. Yes, this here may be the case, as management did say something like "well she is technically not a regular" a week after she started doing the route.

She was injured in November so if the two year wait applies, they won't be able to put the route up until November 2022. So 5 years total from claiming injury as an RCA. Before the "injury", as an RCA she used to leave heavy boxes, anything over 30 lbs, just writing 3849s and the regular would eventually have to redeliver it.
 
Thanks for the replies. Yes, this here may be the case, as management did say something like "well she is technically not a regular" a week after she started doing the route.

She was injured in November so if the two year wait applies, they won't be able to put the route up until November 2022. So 5 years total from claiming injury as an RCA. Before the "injury", as an RCA she used to leave heavy boxes, anything over 30 lbs, just writing 3849s and the regular would eventually have to redeliver it.
??
 
Good Ole Greg -- "Yes, this here may be the case, as management did say something like "well she is technically not a regular" a week after she started doing the route."

-- Interesting.

-- Does the ADR know that?

-- Was manglement planning on paying her as an RCA, since she "technically was not a regular"?

-- Kindly or otherwise, ask manglement for its reference.

All -- a little help here understanding the probationary period.

- Article 12.1.A. The probationary period for a NEW EMPLOYEE appointed as a regular rural carrier shall be ninety ( 90 ) calendar days. ( for me, that meant someone hired off the street to be a regular rural carrier ( aka an "emergency hire" ). Or someone just hired as an RCA. )

- Article 30.2.B.2. A change from rural carrier associate to regular rural carrier shall not interrupt or otherwise change the running of the time counted toward completion of the probationary period.

-- Since the RCA was able to bid on a regular rural route, the RCA must have completed the probationary period. Thus would be a regular rural carrier when awarded and placed upon the route.

-- Then there is Section 512.313.b.(1) of the ELM. New employees are not credited with and may not take annual leave until they complete 90 days of continuous employment under on or more appointments without a break in service. ( maybe that is what manglement is using to say she technically was not a regular ). Anyone??
 
Status
Not open for further replies.
Back
Top