Monday, May 03, 2010

American Justice - As Practiced by the United States Postal Service

BENEATH THE SPIN • ERIC L. WATTREE


Los Angeles District Manager Ed Ruiz, United States Postal Service:

You've been contacted several times regarding the human rights atrocities taking place under your watch. Since you have failed to respond, even to indicate that you'll be investigating these matters, it is being assumed that you're simply thumbing your nose at the charges of falsification of documents, theft, and abuse allegedly being committed by your managers against your employees.

While your employees are deeply disappointed over your lack of respect for their rights, they've indicated to this writer that they are not the least bit surprised with your failure to respond. But you're being sent this latest article listing their complaints, nevertheless, just to document that you are indeed aware of their complaints. A copy is also going to Rev. Al sharpton. The Reverend made contact yesterday, indicating that he has just become aware of this situation, and he's looking at this matter with great interest. Perhaps you'll be more responsive to him under the intense glare of public scrutiny.

But in the meantime, this issue is being taken one step up the chain of command each week. It will indeed be interesting to see just how high up the chain the employees will have to go before these matters are seriously addressed:

American Justice - As Practiced by the United States Postal Service

In a previous article in this series, Pandora's Box, we pointed out the following:

When the United States had a thriving industrial economy one class complimented the other. Labor was well paid and given the security of knowing that they had a job for life, so they had the confidence to purchased goods that the corporations produced. That allowed the companies that sold the goods to prosper, to the benefit of the investor class.

But now, in a global market, in order to remain competitive with countries that pay their workers just above slave wages, corporations have to squeeze every penny and every concession out of the labor class that they can get. And since the heads of these corporations must make huge profits to justify their unconscionably oversized bonuses, they prey on their workers by undercutting their benefits and outsourcing the very jobs that the economy is dependent upon to sustain the corporation, and the nation. But since these corporate heads live from bonus to bonus and only think about themselves, they never stop to consider the negative impact of their irresponsible behavior on the economic viability of the nation.

The American people have always been comfortable in their belief that while the citizens of many other countries are routinely victimized by their government that 'it can't happen here.' But what the comfortable middle class fail to understand is the comfort that they take so easily for granted is under dire threat. They've been so mesmerized by MTV and their hedonistic pursuits that they're totally oblivious to the fact that under the new global economic structure the standard of living of the American middle class has become a liability to American business. While many may not feel the pinch yet, if they don't wake up, their carefree way of life is going to become a thing of the past.

Due to the apathy of the American people, the very government institutions that are suppose to protect the poor and middle class from being victimized by business interests are beginning to turn a blind eye to employee abuse - in fact, in many cases, as shown below, they're acting in direct collusion with those they're supposed to be protecting us from.  The narratives below will clearly demonstrate that the postal service's Office of Inspector General is a perfect case in point.

The horrible tragedy that befell the twenty-nine coal miners in West Virginia might have been an accident, but it was an accident just waiting to happen. And it's virtually certain that the same is true of the eleven oil workers who recently lost their lives in the Gulf of Mexico. Because the fact is, under the new American business model, the life and well being of American workers - in fact, the lives of the middle class - is now looked upon as expendable. Look at what's happening in Iraq and Afghanistan. The high and mighty pay a lot of lip service to loving America, but how many of the rich and privileged are actually dying for this country?  I'll answer that, a very precious few.

During the fifties journalist icon Ed Murrow warned us that "A citizenry of sheep begets a government of wolves." Now, due to a sustained attack on our educational system and a steady diet of hedonistic distractions, that's exactly what we've become, a citizenry of sheep - and ignorant sheep at that.

And as a direct result of our apathy, what you're about to read below is what we're getting in return - and not from some corporate bogeyman, but from our very own United States government. But here's the irony. The few people who are trying to stand up against this insidious encroachment are being completely ignored by both their government, and their disinterested and hedonistic counterparts - "I'll talk to you after the game." And they might as well be spitting in the wind when they turn to the government. After all, you can't ask the bogeyman to protect you from the devil - one is in league with the other.

The majority of Americans are totally oblivious to what's going on around them. The only time that it really begins to soak in is when the chickens come home to roost at their doorstep. So for those of you who think that you're comfortably ensconced in the middle class, and that your government institutions, laws, unions, and civil rights organizations will protect your interests, you're living in an illusion. The narratives from the victims below clearly demonstrate that you no longer live in the kind of America that you think you do. The only protection that you have from becoming an economic refugees is to wake up and begin to support one another . . . before it's too late.

With regard to the unions, they're a mixed bag. On the one hand, there are many strong advocates among their number. We mentioned NAPS vice president, Debbie Washington, in last week's article. While we strongly disagree with her position that her member, Marci Luna, is blameless in the falsification of Joann Snow's clock rings, we couldn't help but respect her strong stand on behalf of her member. That's the kind of union representation that's necessary for the system to work as it should.

But on the other hand, we've found far too many union officials who are star struck. They love rubbing shoulders with postmasters and corporate executives. As a result, it is far too easy for a postmaster to throw his arm around their shoulders and say something like, "You know, I like you. You're one of us. That's why you've risen so high in the union. You represent good people, but they just don't have the intellect to see the big picture like we do. But we can work together, and I'm sure you have the intellectual capacity to help your people to see the light."

Then just like a petted puppy, the union official will start waggin' his tail, and say, "Yeah, I like you too. I think we can work together too," then immediately start throwing his or her membership under the bus. If that wasn't the case, managers would have long since been in the unemployment line, and even jail, for the kind of behavior being described below. But instead, they're stealing from their employees, and abusing them with impunity, people who are paying very hard-earned money to unions every pay period.

With that, we'll let the victims speak for themselves. The following is the text of a petition that went to Congresswoman Maxine Waters. Appended to the petition was six double-columned pages of signatures:

Dear Madam:

We the employees of the Los Angeles International Service Center, (LAXISC) formerly the Carson International Service Center of the United States Postal Service humbly request your office to inquire about the horrendous behavior, sexual harassment and physical intimidation practices of named manager, Raul Corona. This manager has been exiled from the facility on more than one occasion for extended periods and was referred to anger management because of his actions and conduct. Recently, he allowed one of his acting supervisors to kick an employee, then slap them in the back of the head and make remarks about her body parts, stating that it was so tight that a quarter could bounce off of it. These actions were witness by other employees who either gave statements or were willing to testify to the office of the EEOC as to what was witnessed. Mr. Corona took no action against the 204B supervisor but instead displayed his true disregard for the employee by confronting her on the work floor about her complaint against the supervisor. This is just one of the many egregious actions of Mr. Raul Corona.

A complaint was made to the APWU, American Postal Workers Union and charges were also filed with the EEOC which is being handled by the APWU building facilitator Donna Williams who is representing this complainant and numerous others involving MDO Corona. While this incident is currently under investigation and review Mr. Corona has had at least one of the witnesses brought into his office and threaten them with disciplinary action if they did not personally give him a statement after they had already spoken with and given statements to the union representative, and when they requested that a union representative be present during his personal investigation, they were denied, which is a direct violation of the Weingarten Act. ( see attached )

This same witness who has FMLA and receives chemotherapy for her condition (lupus) was directed to his office by supervisor Erma Harris and when the employee would not cooperate with his request not only did he threaten her with disciplinary action, he directed his supervisor Brian Ta to go into the time and attendance system known as TACS to remove her pay three days later after she had called in for FMLA leave which had been already approved by this same supervisor. Because of the numerous grievances and EEO'S that are filed and still pending against this manager and conditions being so toxic, employees have bidded to other tours for fear of retaliation which we believe will take place to all of us who have signed this petition.

And if these circumstances aren't demoralizing enough we have observed Mr. Corona engaged in an improper and unprofessional relationship with one of his acting supervisors (204B), which violates the Postal code of conduct and ethics prohibiting this type of relationship between a manager and employee which is still ongoing. He personally assist her with her job duties in front of other employees when she is not supervising and she has been observed leaving his office with her clothes disheveled which had to be pointed out to her by a union steward, and they have also been seen by other employees in compromising situations. The most recent, being seen exiting the Postal Inspectors cat walk door located at the southwest corner of the building, he zipping up his pants as she was buttoning her blouse.

We are asking that MDO Corona be sent to another facility LAP&DC permanently and to be taken off of the work floor entirely where he can be under the watchful eye of his bosses as was done before, because he has waged his own personal vendetta against any and all employees who file charges against him. Employees on all three tours at one time or another have had to disrupt their family and personal lives by bidding to other tours just to get away from this man. Attached you will find a copy of just one of the petitions that were filed against this manager starting in 2003 and a recent EEOC discrimination and personal harassment case that was charged and awarded against this facility for these type of practices .


If any additional information or facts are needed we are sure you can get the cooperation of the APWU union representatives both mailhandlers and clerks at the LAXISC.

We feel if something is not done about this manager soon, the conditions here will deteriorate further becoming more toxic and possibly escalate into something which the public and news media refer to as "Going Postal" which we are fearful of. We all have families to take care of and do not wish to come to work in an environment having to look over our shoulders fearful that something will happen that could have been avoided.

All signatures in regards to this petition can be verified through the APWU building facilitator Donna Williams. We would deeply appreciate your office's assistance in this disturbing matter.
Petitioners


The following took place subsequent to the petition:

On Friday April 23,2010, employee Cloe Edwards was in serious physical distress having chest pains and requested 911. Mr.Raul Corona MDO told the employee he was not calling 911 for her because the Postal Service was not going to pay for the ambulance service and if she felt that bad, she should call herself which she wound up having to do. The paramedics from the Airport Fire Station # 95 on the corner of Century Blvd and International Road came and Ms. Edwards had to be taken out on a stretcher around 4:45pm.

Mr. Corona got belligerent with the paramedics telling them she was faking and started demanding her prognosis. The paramedics that attended to Ms .Edwards could not believe what they were hearing from this manager. She was taken to Marina Hospital in Marina del Rey where she was informed that her blood pressure had gotten so high that she was on the verge of either having a heart attack or stroke. She was then transferred to Kaiser Permanente in Bellflower.She was released Sunday evening April 25th. Ms. Edwards return to work Monday fearful that MDO Corona may try to take action against her.


She was given orders that she would not be allowed to perform her bidded duties as a general expeditor and would be working mail in IAAA. She is currently in the process of filing for leave under workman's compensation on the advice of the hospital.

While the above was going on at LAXISC, Joann Snow was having to fight both the postal service, and the NALC. She indicated that dealing with Vice President Ray Espana made her wonder who he was representing, her or the postal service. In response, she wrote Branch President Larry Brown (also a national officer) the following:

President Larry Brown:

I spoke to Ray Espana today, and he told me that he was meeting with Marci Luna and the postal service next Friday to get me paid for their falsifying my clock rings. I told him at that time that I didn't just want to be paid, I want the people responsible for falsifying my time removed from the postal service. In response, Ray told me that he couldn't do that. That's what EEOs are for.

That's a bunch of crap! Ray has been vice president of Branch 24 for over 15 years. You'd think that he'd know that the EEO procedure is for discrimination, not simple theft. The postal service is an equal opportunity thief. They steal from anyone, regardless of race, creed, color, national origin, age, or gender. Therefore, if I filed a claim with the EEOC it would simply be thrown out. If he doesn't know that, he's not qualified to be in his position.

Then once I got the document, it turned out that it wasn't my clock rings at all. It was only a summary of my weekly time, without any indication of my rings, or any modifications there to. Why didn't he reject that useless piece of paper out of hand and ask for the documents that I'm alleging were falsified? Ray Espana's efforts in this case just doesn't pass the sniff test. It looks to me like he either doesn't know what he's doing, or that he's much too accommodating to management.

If I'm going to have to fight both the post office, and the NALC, I'm more than prepared to do so. But in that event, I respectfully request a copy of every document that the union relies upon to prosecute this case. Let's be clear. The union is not going to sweep this crime under the table without a lot of noise. That's why the post office thinks it can do whatever it wants to the employees with impunity.

I am formally requesting that you have someone handle my case who is both knowledgeable, and has some modicum of integrity. And DO NOT RESOLVE THIS CASE WITHOUT THE PEOPLE WHO PERPETRATED THIS CRIME, AT THE VERY LEAST, BEING REMOVED FROM THE POSTAL SERVICE.  Nothing else is acceptable.

18 U.S.C. § 1001 of the United States Code reads as follows:

"Except as otherwise provided in this section, whoever, in any matter within the jurisdiction of the executive, legislative, or judicial branch of the Government of the United States, knowingly and willfully - (1) falsifies, conceals, or covers up by any trick, scheme, or device a material fact; (2) makes any materially false, fictitious, or fraudulent statement or representation; or (3) makes or uses any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry; shall be fined under this title, imprisoned not more than 5 years or, if the offense involves international or domestic terrorism (as defined in section 2331), imprisoned not more than 8 years, or both" (Emphasis Added).

I don't know what's going on here, but I've been in the postal service for 27 years, and 21 of those years was in management, so I know how things work in the post office. So please understand that I am far from an innocent and trusting fool.

I look forward to a just resolution of this case - not just for me, but for every employee who's being robbed by the postal service.

Sincerely, Joann Snow

Ayerssnow@aol.com

President Larry Brown, Branch 24, NALC:

I'd like to amend my grievance to include CSO Tyrone Williams for conspiring with Station Manager Marci Luna to falsify my clock rings for the purpose of defrauding me of pay that was rightfully earned in good faith.

I was in Manager's Luna's office while she was talking with CSO Williams over the speaker phone. He instructed Ms. Luna at that time to take my time out. Ms. Luna responded, "I can't do that," at which time, Mr. Williams told her, "yes you can. Just put it on a 1017-B." I immediately spoke up, saying, I disagree with that, because I was working.

Relevant to 1017B, postal regulations states in the Time and Attendance Handbook F-21, section 146.251, the following:

Unauthorized overtime is time that an employee, without prior authorization from a supervisor, works in excess of the scheduled tour.

(1) Because work was performed, that time must be paid as unauthorized overtime.
(2) If a supervisor did not observe or have reason to know that no work was performed by an employee while, "on the clock" that time must be paid while as unauthorized overtime.
(3) If no work was performed, and the supervisor had reason to know that no work was performed, the supervisor must disallow the time, and record it on form 1017-A, the disallowance record, and take appropriate corrective action.

*Note: In each of these unauthorized overtime situations the supervisor must document the occurrence on this form and take appropriate corrective action.s24
Both Tyrone Williams and Marci Luna clearly understood that they were in violation of the above regulation, as the falsification of my clock rings to reflect three (3) hour lunch breaks that I didn't take makes abundantly clear.


Thus, in addition to the falsification of a government document, they are also in violation of 18 U.S.C. § 371, entering into a criminal conspiracy to commit fraud. The statute reads as follows:

If two or more persons conspire either to commit any offense against the United States, or to defraud the United States, or any agency thereof in any manner or for any purpose, and one or more of such persons do any act to effect the object of the conspiracy, each shall be fined under this title or imprisoned not more than five years, or both.

*Note: To reflect the construction placed upon said section 88 by the courts the words "or any agency thereof" were inserted. (See Haas v. Henkel, 1909, 30 S. Ct. 249, 216 U. S. 462, 54 L. Ed. 569, 17 Ann. Cas. 1112, where court said: "The statute is broad enough in its terms to include any conspiracy for the purpose of impairing, obstructing, or defeating the lawful functions of any department of government." Also, see United States v. Walter, 1923, 44 S. Ct. 10, 263 U. S. 15, 68 L. Ed. 137, and definitions of department and agency in section 6 of this title.) Emphasis added.

Therefore, in the interest of justice, and in order to dissuade the postal service from committing similar criminal activity against postal employees in the future, I respectfully request that the NALC prosecute this matter to the limit of the law.

Respectfully,
Joann Snow
Ayerssnow@aol.com

Finally, the parties involved have tried to contact both Jesse Jackson, and Al Sharpton. As egregious as these situations are, however, neither Mr. Jackson nor Sharpton have even bothered to respond. Obviously, the simple fact that the United States government is running a latter-day plantation is not sensational enough for their attention. But one victim says that she still has faith in them - "Once the cameras arrive - and eventually they will - they'll be knocking people down to address the issue."

She then went on to say, "But please thank the Los Angeles Sentinel, the Black Star news, Veterans Today, The Postal Employee Network, and all of the other publications that's run their story, and being willing to fight for justice beneath the limelight. Win or lose, we appreciate your support."

Writer's note: One can't help but be concerned about what's happening to this nation. If Rosa Parks had protested for her rights in today's environment, she would have rotted in jail.

Wake up, America. The party's over, and the only help that you can truly rely upon is from one another.

House Committee on Oversight and Government Reform

Chairman: Rep. Edolphus “Ed” Towns of Brooklyn, New York
U.S. House of Representatives
2157 Rayburn House Office Building
Washington, D.C. 20515
(202) 225-5051

Eric L. Wattree
wattree.blogspot.com
Ewattree@Gmail.com

Religious bigotry: It's not that I hate everyone who doesn't look, think, and act like me - it's just that God does.

Sphere: Related Content