PostalReporter.com Blog

Michael Sargent, a former Bulk Mail Technician in Anchorage, AK, won a reversal of his conviction and sentence of 30 months in prison for theft of public property and theft of postal service property. An Appeals Court ruled that  1) the district court erred by holding that USPS proved Postage Statements [PS Form 3602] had “value” in excess of $1,000 which is a felony. The  29-year postal employee was convicted for failing to charge customers over $400,000 in bulk mail shipments — made of items such as business mailings and brochures — because he said he wanted to bankrupt the United States Postal Service, in part because of a missed promotion and its overtime policy. See decision USA vs Sargent

Previous Press Release from the U.S. Attorney’s Office

ANCHORAGE, AK – Acting U.S. Attorney Deborah M. Smith announced today that former Postal Service employee Michael Sargent, 48, of Anchorage, was sentenced in U.S. District Court in Anchorage by U.S. District Court Judge Ralph R. Beistline to 30 months in prison for theft of public records and theft of property used by the U.S. Postal Service (USPS).

Sargent was previously found guilty by the Court for stealing postage statements, financial documents provided by bulk mail customers which calculate postage due. Sargent then cleared their mail for processing, and did not make the proper computer entries to transfer funds from bulk mail customer accounts to the United States Postal Service. Sargent then stole and destroyed the postage statements so that the financial loss would not be discovered by the USPS.

In court records, Judge Beistline found that Sargent was angry with the USPS because of perceived injustices and sought to injure the agency. The judge noted the defendant was upset by the USPS overtime policy and the loss of a promotion. He sought to injure the USPS by reducing the monies it received from postal customers, and he wanted to “get his pound of flesh.” His actions “were steeped in anger and a desire for revenge,” Judge Beistline said. The loss inflicted upon the USPS was $449,265.18.

At great time and expense, the USPS has been able to recover a significant portion of the loss amount, but collection efforts are ongoing against several bulk mail customers, according to court records.

When imposing sentence, Judge Beistline stated that he wanted to send a message that it is not acceptable for an unhappy employee to attempt to destroy his company or agency; such serious criminal conduct will be dealt with severely.

This case was investigated by the United States Postal Inspection Service and United States Postal Service, Office of Inspector General.

Post Office: Sardis, Kentucky 41056

Flickr Photos

 From NALC

Contract to be Signed October 9: President William H. Young announced on September 20 that the 2006-2011 National Agreement, ratified by a vote of the membership (104,346 to 11,895), will be signed on October 9. President Young and Postmaster General Jack Potter will conduct the signing ceremony at the headquarters of the United States Postal Service at 10 a.m.

Young and other national NALC officers are meeting regularly with officials of the USPS to begin implementing the provisions of the new contract. No dates have been set for making the $686 cash payment, implementing the November 2006 wage hike of 1.4 percent, or issuing back pay for the 2006 retroactive increase. However, details on these and other matters are expected to be announced by September 28.

Carriers are reminded that they must be in a pay status during Pay Period 20 (September 15-28, 2007) in order to qualify for the one-time cash payment. Bargaining home

Rep. Tom Davis (R-Va.), ranking member on the House Committee on Oversight and Government Reform, yesterdsay introduced legislation (HR 3579) that would allow federal agencies to rehire federal retirees on a temporary basis to help alleviate workforce shortages within the federal government.

Davis’ legislation, The Re-Employment of Annuitants Act of 2007, would allow rehires to assist with short-term projects, fill critical skills gaps and train the next generation of the federal workforce without losing their annuity benefits.

Under current law, if retired federal employees return to work as part-timers, they either must suspend receiving their annuities or receive a salary reduced by the amount they would’ve received from the annuity – known as an offset. The Office of Personnel Management, which requested this legislation, already makes exception to this rule for positions it considers exceptionally difficult to fill.

Under this legislation, agencies could waive this offset requirement for federal annuitants who accept part-time positions. They would receive both salary and annuity payments during their time of service but would receive no additional retirement benefits based on their service.

From Greg Bell, APWU Director Industrial Relations

 In response to an inquiry concerning my September 19th e-mail, let me further clarify the APWU position “that the Postal Service September 10, 2007 letter of response memorializes the parties’s mutual understanding/agreement concerning the circumstances and conditions that medical documentation for absences of three days or less may or may note be required.”

        In that there is no dispute at the national level over the above-referenced matter, there is no joint settlement/document memorializing the parties’s mutual understanding/agreement.  The purpose of the APWU,s August 27th letter was (1) to specify the conditions under which an employee may required to submit medical documentation for absences of 3 days or less, and (2) to determine if there is a disagreement between the parties.

        After specifying the conditions that medical documentation for absences of three days or less may or may not be required, the APWU in its August 27th letter specifically requested the following:

        If the Postal Service disagrees with the APWU position, it is requested that you provide the Employer’s position and  any supporting authority to the contrary.

        In response, the Postal Service stated “…As far as the Postal Service is concerned, there is no dispute or disagreement regarding the conditions under which an employee may be required to submit medical documentation or other acceptable evidence for periods of absence of 3 days or less.”  Therefore, it is the APWU position that there is no dispute or disagreement between the parties at the national level concerning the circumstances and conditions that medical documentation for absences of 3 days or less - as specified in the APWU’s August 27th letter, and the Postal Service’s August 27th letter of response represent their mutual understanding/agreement. 

        Naturally, whether local management is improperly requiring medical documentation for 3 days or less is based as local fact circumstances.  However, pursuant to the correspondences (APWU-August 27th and USPS-September 10th Letters)there is no disagreement between the parties at the national level to the conditions under which an employee may or may not be required to submit medical documentation for absences of 3 days or less.  On those occasions when local management improperly required an employee to submit medical evidence for 3 days or less, the correspondences in question should be used in support of the union’s position. 

The plight of two reservists who appear to have lost their civilian jobs as a result of military service will be featured at a Thursday press conference to rally support for a bill that would increase penalties for employers who violate federal employment and re-employments rights laws for military personnel.

One of the men, Army National Guard Staff Sgt. Eric Grenesko, was laid off from a job as a service manager for a Pittsburgh company while he was away on military training. The second man, Richard Erickson of Fort Myers, Fla., was fired from the U.S. Postal Service for what his termination letter says was excessive use of military leave.

In Grenesko’s case, his termination notice made no clear link made to his military service, although he suspects that was the case. He received the layoff notice while away at a military training course for noncommissioned officers.

Erikson’s military service clearly was an issue. A National Guard Special Forces sergeant major who already had served one tour in Afghanistan, Erikson was terminated because postal officials calculated he had missed more than five years of work since 1991 because of his military service and was about to be mobilized for another 18 months.

Both men would be helped by the Reservists Access to Justice Act, sponsored by Rep. Artur Davis, D-Ala., which would strengthen the rights of service members to seek legal remedies if they believe their employment and re-employment rights were violated.

Those rights to hold onto a job are granted by the Uniformed Services Employment and Re-employment Rights Act, known as USERRA, which has a major loophole because some private-sector and government employers require workers to seek arbitration instead of suing over employment issues.

Under Davis’ bill, HR 3993, mandatory arbitration would not apply to USERRA cases and employers could face up to $20,000 in damages if they are found by a court to have violated a service member’s rights.

The bill, which Davis hopes to get passed through the House of Representatives this year, faces some jurisdictional issues. The House Veterans’ Affairs Committee has ultimate jurisdiction over USERRA, but the House Judiciary Committee on which Davis serves is responsible for some of the legal issues.

House leaders hope to work out an agreement for quick passage, Davis aides said.

source: Army Times

From the Federal Register

On Monday, September 24, 2007, the [Postal Regulatory]Commission will host two public meetings related to implementation of the Postal Accountability and Enhancement Act (PAEA) of 2006. Information obtained at these events will assist the Commission in meeting statutory requirements for consultation with the Postal Service on development of modern service standards. At the first meeting, which will be held from 10 a.m. to 12 p.m., representatives of the Mailers Technical Advisory Committee (MTAC) will brief the Commission on final MTAC workgroup recommendations to the Postal Service on service standards and service measurement systems. This meeting will be broadcast live and will be accessible via the Internet from the Commission’s Web site (http://www.prc.gov/). At the second meeting, which will begin at 1:30 p.m., there will be a discussion of retail service measurement and related issues with representatives of the American Postal Workers Union. Both events will be held in the Commission’s main conference room and both will be open to the public.

The following is the USPS response to an inquiry from APWU regarding medical documentation for absences of three days or less:

This is in response to your August 27 letter regarding medical documentation or other acceptable evidence for absences of 3 days or less which was received in this office on August 28. In your correspondence, you allege that the RMD/eRMS application improperly mandates management to require employees to provide medical documentation or other acceptable evidence for periods of absence of 3 days or less.

Please be assured that the eRMS application does not change Postal Service policy concerning medical documentation for absences when employees call in sick. As far as the Postal Service is concerned, there is no dispute or disagreement regarding the conditions under which an employee may be required to submit medical documentation or other acceptable evidence for periods of absence of 3 days or less.

USPS Response (PDF)

APWU 8-27-07 letter - It has been called to my attention that through the application of the RMD/eRMS, local management is improperly requiring employees to submit medical documentation or other acceptable evidence for future absences of 3 days or less, It is my understanding that based on a supervisor’s review of an employee’s attendance record, supervisors are making a determination that medical documentation is deem desirable (requiring an employee to submit medical documentation of other acceptable evidence) for absences of 3 days or less, for the protection of the interest of the Postal Service. As you know, it is improper for management to deem documentation desirable for 3 days or less based on a review of an employee attendance record.

Moreover, in the absence of an employee being on restricted sick leave, supervisors may not require medical documentation or other acceptable evidence because of abuse or excessive use of sick leave for 3 days or less.

The Board of Governors of the U.S. Postal Service will meet in Washington, DC, at Postal Service Headquarters, 475 L’Enfant Plaza, SW, on Sept. 25-26, 2007. The public is welcome to observe the Board’s open session, scheduled to begin at 8:30 a.m. on Sept. 26 in the Ben Franklin Room on the 11th floor. The Board is expected to discuss the following items:

Wednesday, Sept. 26 at 8:30 a.m.

1. Minutes of the previous meeting, Aug. 7-8, 2007.
2. Remarks of the Chairman and Vice Chairman of the Board (Jim Miller and Alan Kessler).
3. Remarks of the Postmaster General and CEO (John Potter).
4. Committee reports.
5. Board of Governors calendar year 2008 and 2009 schedule (Chairman Miller).
6. Office of the Governors fiscal year 2008 budget (Chairman Miller).
7. Postal Regulatory Commission fiscal year 2008 budget (Chairman Miller).
8. Consideration of the fiscal year 2008 operating and capital plans – FY 2008 Integrated Financial Plan (Glen Walker, Chief Financial Officer and Executive Vice President).
9. Tentative fiscal year 2009 appropriation request (Mr. Walker).
10. Capital investments.
a. Perris, CA, Delivery Distribution Center (Tom Samra, Vice President, Facilities).
b. Miami, FL, Mail Processing Facility (Mr. Samra).
11. Tentative agenda for the Nov. 14-15, 2007, meeting in Washington, DC.
 

Today’s THV reports

State Police and the U.S Postal Service are investigating the fire of a stolen tractor trailer containing bulk business mail.

U.S. Postal Inspector Daniel Mebrano says the suspect stole the truck 8 p.m Saturday night from a mail contractor in Little Rock. He says the driver coming from Dallas enroute to Detroit stopped off at LVL Inc. on McNeil, when the suspect got inside and drove off.

Police located the trailer Sunday morning around 4:30 a.m. in Cabot after it had been set on fire.
The owner of the contracting company located the cab portion later in Beebe off Highway 67/167. Police said the suspect slept inside the cab.

Mebrano said the suspect is in jail in Beebe on a possible mail theft charge. None of the mail burned had an Arkansas destination