- UNITED STATES POSTAL SERVICE v. NATIONAL ASSOCIATION.
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UNITED STATES POSTAL SERVICE v. NATIONAL ASSOCIATION.
§1208(b), the statutory analogue to Section 301 of the Labor Management Relations Act ("LMRA"), 29 U.
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Jensen was hired as a part-time letter carrier on September 12, 1987 by USPS.
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This type of action is known as a "hybrid Section 301" action." (Id. In addition to reviewing those many pages of pleadings and exhibits, the Court heard oral argument on the motions on April 8, 2015. Because the effect of this decision is that Jensen is foreclosed from pursuing any claims against either Defendant, both his motion for summary judgment and NALC's motion for summary judgment are DISMISSED as moot. He was based out of the Elmwood Station and his desnation was Part-Time Flexible ("PTF"). After two years, Jensen became a full-time City Carrier. He worked as a full-time City Carrier from am to p.m., five days a week for the next 10 years. On April 5, 1999, Jensen injured his knee on the job and, as a result, had a compensable claim with the U. Department of Labor's Office of Workers' Compensation ("OWCP"). After recovering from knee surgery, Jensen returned to work in a limited-duty status on November 18, 2000. He resumed his prior schedule but was desnated as a Modified Carrier, rather than a City Carrier. On January 13, 2001, Jensen's manager presented him with a Limited Duty Job Offer ("LDJO") for work at his regular Elmwood Branch location with his regular weekly schedule and regular work hours. The listed duties included "writing 2nd notices, returning UAA mail, answering the phone, endorsing carrier mark-ups, and distributing mail in the box section." (Id.). He claims to have adjusted to his new daily tasks, reaching maximum medical improvement shortly thereafter. ("Pelitere") presented him with a new LDJO that was identical in all respects to the former one, but with different work hours.
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National Association of Letter Carriers, AFL-CIO, Defendant, represented by Louis Leo Robein, III , Robein, Urann, Spencer, Picard & Cangemi, APLC, Kate M Swearengen , Cohen, Weiss & Simon & Thomas N Ciantra , Cohen, Weiss & Simon.
Nalc employee labor relations manual:
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