https://apps.nlrb.gov/MyAccount/#/ChargeAndPetition/FilingType
I know you’re saying what does the National Labor Relations Board have to do with “my” OWCP injury. I will use the word allegedly in this example, because I was not there to personally witness the actual National Labor Relation Act violation. The injured carrier, contacted me to find out what their rights were, and what they needed to do to file a claim with OWCP. If you don’t know, as soon as you are injured use the MDD(scanner) to report the injury, or call 911 and then use the MDD to report the injury. After reporting the injury go to the DOL website and file a CA-1 online, then contact your steward/NALC Branch 231. Something to remember is the benefit of being a member, is the NALC will help you with your OWCP claim, it isn’t an obligation/benefit that is required to be offered non-members.
Back to the alleged issue. When the carrier reported the injury the management type seemingly/allegedly told the carrier not to run to the union, threatened to discipline or fire the carrier, and dissuaded the carrier from seeking much needed emergency medical treatment, This not only is an apparent violation of 29 U.S. Code § 158 – Unfair labor practices https://www.law.cornell.edu/uscode/text/29/158 This management type seemingly has committed Unfair labor practices #1, #2, #4(maybe), and #5, that’s a whopping 4 out 5. In my opinion it would be hard to allegedly violate even 1, but to get 4, is being an over achiever.
If you’re unsure how to file a OWCP claim, here is the link.
https://www.dol.gov/agencies/owcp/FECA/howtofileaclaim
It’s pretty straight forward, and please note “You do not need approval from your supervisor or anyone else at your agency to initiate your FECA workers’ compensation claim.”
Here is something from the FAQ https://webapps.dol.gov/dolfaq/go-dol-faq.asp?faqid=368&faqsub=Workers%27+Compensation&faqtop=Workplace+Safety+and+Health&topicid=2&lookfor=OWCP%20whistleblower The CA-1 and CA-2 are done online and emailed to yourself, district, and the supervisor(if you are provided with their email, some like to play games so just use the following format (first name).(last name)@usps.gov if it is wrong district will be contacting your station’s management, because once you file there is a timeline that must be followed.
If what happened as alleged, then not only was Article 14 violated, ELM 545 seemingly was too.
545.4 Implementing Medical Care
545.41 Emergency Treatment
An employee needing emergency treatment must be sent to the nearest available physician or hospital or to a physician or hospital chosen by the employee or the employee’s representative. The physician who provides emergency treatment is not considered the employee’s initial choice of physician.
A supervisor may accompany the employee to the doctor’s office or hospital to make certain that the employee receives prompt medical treatment.
Animal bites or eye injuries are always considered medical emergencies. In the event that there is doubt as to the emergent nature of the injury, it should be handled as an emergency.
Read that last part again. “In the event that there is doubt as to the emergent nature of the injury, it should be handled as an emergency“. Please note no where in all of ELM section 540 does a management type have the authority to deny you medical treatment, or diagnose your injury. In this case the carrier also hit their head, and could have a concussion, but all the management type cared about apparently, was threatening the employee to resume delivery of the route. It may be a stretch, but to me it is a violation of M-01242, but it is most definitely a violation of M-39 115, so now we have an multiple violations of Article 19 in addition to Article 14.
The worse part is the inhumane treatment of this carrier, which we all know the management type would never want their family member(s) treated as they allegedly treated this carrier. And that is the crux of it, if this management type had a family member injured on the job, this management type would tell their family member to go get medical treatment.
https://www.oig.dol.gov/about.htm
THE OIG MISSION
The Office of Inspector General (OIG) at the U.S. Department of Labor (DOL) conducts audits to review the effectiveness, efficiency, economy, and integrity of all DOL programs and operations, including those performed by its contractors and grantees. This work is conducted in order to determine whether: the programs and operations are in compliance with the applicable laws and regulations; DOL resources are efficiently and economically being utilized; and DOL programs achieve their intended results. The OIG also conducts criminal, civil, and administrative investigations into alleged violations of federal laws relating to DOL programs, operations, and personnel. In addition, the OIG conducts criminal investigations to combat the influence of labor racketeering and organized crime in the nation’s labor unions in three areas: employee benefit plans, labor-management relations, and internal union affairs. The OIG also works with other law enforcement partners on human trafficking matters.
The applicable laws are very clear, from what I see. The most important thing is if you’re injured on the job, you are not alone, there are a lot of government agencies that are there to help you, in addition USPS has EAP, and there is always the NALC there to make sure your rights under the National Agreement are not violated.
One day, maybe(I hope) this abused carrier will see the management type held accountable. In my book, to treat anyone as inhumanely as this, they should never supervise another carrier for the rest of their career.
Know your rights:
https://www.nlrb.gov/about-nlrb/rights-we-protect/your-rights/weingarten-rights
http://mseries.nalc.org/M01242.pdf
http://mseries.nalc.org/M00341.pdf
http://mseries.nalc.org/M00972.pdf
http://mseries.nalc.org/M00994.pdf
http://mseries.nalc.org/M00458.pdf
http://mseries.nalc.org/M00111.pdf
Here in Fresno, management types seem to like to complain that some stewards are being “difficult”. To this I say we are the least “difficult” bunch around, if you treat the City Letter Carrier humanely.