Final Notice of Resolution

Ba sic Information

1. Why did I get this notice package?

Why did I get this notice package?

You may have been employed by the United States Postal Service in a permanent rehabilitation position between January 1, 1992 and November 20, 2003. The phrase “permanent rehabilitation employee” means any current or former USPS employee injured in the performance of his or her duties, who: (1) had a claim accepted by the U.S. Department of Labor, Office of Worker Compensation Programs for wage loss and permanent partial disability; and (2) was provided with an indefinite modified job assignment or position, upon return to work.

Your rights may be affected if the settlement of the Class Complaint is approved by an Administrative Judge from the United States Equal Employment Opportunity Commission (“EEOC”). This is your time to submit any objections you may have to the terms of the settlement. If an EEOC Administrative Judge approves the settlement, and after objections and appeals are resolved, you will be able to make a claim under the settlement if you think the USPS discriminated against you on the basis of a disability, even if you did not seek EEO counseling within 45 days of the time when you first suspected discrimination. You will be informed of the progress of the settlement. This package explains the administrative action, the settlement, your legal rights, what benefits are available, who is eligible for them, and how to get them. Additional information, including the Settlement Agreement and frequently asked questions, can be found at www.gloverclass.com.

The administrative action is before EEOC Administrative Judge Dickie Montemayor and the case is known as Chandler Glover and Dean Albrecht, et al., v. John E. Potter, Postmaster General U.S. Postal Service, EEOC Case No. 320-A2-8011X; Agency Case No. CC-801-0015-99.

2. What is this administrative action about?

The individuals who brought the administrative action claim that the USPS denied promotional and/or advancement opportunities to present or past USPS employees in permanent rehabilitation positions due to discrimination on the basis of disability. The EEOC has defined “advancement opportunities” to mean vertical movement from a lower level grade and/or pay within the Postal Service system, to a position at a higher level grade and/or pay. The EEOC has defined the phrase “promotional opportunities” to include training, assignments, details, and awards that would have enhanced a class member’s qualifications for promotion to such position, whether the promotion would have been a career ladder promotion or a competitive promotion.

“Disability” is defined in the discrimination laws. Under these laws, a person is considered disabled if either 1)he or she has a mental or physical impairment that substantially limits a major life activity, 2)has a record of such disability or 3)is regarded by the employer as having such a disability.

Even if the Department of Labor or another government entity has determined that you are disabled for the purposes of its programs, you may not necessarily have a disability under the discrimination laws. The class agents believe that all permanent rehabilitation employees are disabled under the discrimination laws because they believe that the USPS regards all permanent rehabilitation employees as disabled. The USPS expressly denies that it regards permanent rehabilitation employees as disabled. The class agents also believe that some permanent rehabilitation employees may be disabled under the discrimination laws because they have an actual disability or a record of a disability.

Making a claim does not guarantee that you will receive any money from the settlement. In order to receive any money, you must either settle your claim or prove to an arbitrator that you were denied a promotional or advancement opportunity because of a disability, as that term is defined in the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794 et seq.

The USPS expressly denies any wrongdoing or liability with regard to the allegations set forth in the class complaint. Therefore, if the settlement does not go forward, the case will have to be resolved by an EEOC Administrative Judge, and there is no guarantee that the class will recover anything.

3. Why is this a class action?

3. Why action?

In a class action, one or more people called Class Representatives (in this case Chandler Glover and Dean Albrecht), complain on behalf of people who have similar claims. All those people are a “Class” or “Class Members” and the claims of each Class Member are “Class Claims.” One EEOC Administrative Judge resolves the issues for all Class Members. EEOC Administrative Judge Dickie Montemayor is presiding over this action.

4. Why is there a settlement?

The EEOC Administrative Judge did not decide in favor of the Class or the USPS. Instead, both sides agreed to a settlement. That way, the time and cost of a trial is avoided, and individual Class Claims can be resolved efficiently and economically. The Class Representatives and the attorneys think the settlement is best for all Class Members.

Who is in the Settlement

5. How do I know if I am part of the settlement?

I am part of the settlement?

EEOC Administrative Judge Montemayor decided that everyone who fits this description is a Class Member:

Those persons employed by the USPS throughout the United States

between January 1, 1992, and the present while in permanent rehabilitation

positions who were allegedly denied promotional and/or advancement

opportunities allegedly due to discrimination on the basis of disability.

The phrase “permanent rehabilitation employee” means any current or former USPS employee injured in the performance of his or her duties, who: (1) had a claim accepted by the U.S. Department of Labor, Office of Worker Compensation Programs for wage loss and permanent partial disability; and (2) was provided with an indefinite modified job assignment or position, upon return to work. The EEOC has defined “advancement opportunities” to mean vertical movement from a lower level grade and/or pay within the Postal Service system, to a position at a higher level grade and/or pay. The EEOC has defined the phrase “promotional opportunities” to include training, assignments, details, and awards that would have enhanced a class member’s qualifications for promotion to such position, whether the promotion would have been a career ladder promotion or a competitive promotion.

6. Are there exceptions to being included?

Yes. Any Class Member, including those Class Members who have filed similar complaints on their own, can file a Class Claim for payment under the settlement. However, you cannot get anything from the settlement for any claim (1) that you have already settled with the USPS; (2) that you have already released; (3) that you have already won in any administrative proceeding or litigation; (4) that the USPS has already issued a final finding of no discrimination on and you did not appeal the finding of no discrimination; or (5) that is pending in federal district court.

7. I’m still not sure if I’m included.

If you are still not sure whether you are included, you can ask for free help. You can call Class Counsel at 1-800-280-8301 or visit www.gloverclass.com for more information. Class Counsel is described below.

The Settlement Benefits—What You May Get

8. What does the settlement provide?

The settlement requires changes to USPS’s current procedures, and a claims process for individuals to seek relief. If the settlement is approved, the USPS must review and revise its personnel and EEO policies to make clear that consistent with applicable law permanent rehabilitation employees have the same rights to promotion, advancement, and reasonable accommodation as other postal employees. Training will be provided to appropriate USPS personnel on these revised policies. For a period of two years, a monitoring process will be established. Rehabilitation employees will be provided a toll free number to voice comments and concerns if they believe they have been denied promotional or advancement opportunities. All such complaints will be tracked, and summaries provided to class counsel. The toll free number is for monitoring this settlement agreement only and does not constitute a request for counseling, contact with USPS EEO, or an EEO Complaint of Discrimination in the Postal Service. In addition, statistical information will periodically be provided to class counsel regarding the number and promotion rates of rehabilitation and other employees. If the settlement is approved, the USPS will review and change its policies to improve its compliance with the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794 et seq.

The parties have also agreed to a Claims Process which will allow class members to submit a claim for back pay and/or other damages, subject to a payment schedule. People who were denied a promotion to certain positions might also get considered for a promotion under the Claims Process. The Claims Process is described below.

9. What can I get from the settlement if it is approved?

If the settlement is approved, potential class members will be entitled to file a claim. The procedure for the claims process, and available relief is outlined below. Claims may be rejected if the claimant is not a class member or otherwise has an invalid claim. Claims that are accepted may be settled, or, if not resolved, proceed to binding arbitration. If you lose on your Class Claim at arbitration you will receive nothing. Alternatively, if you win on your Class Claim at arbitration, you can be awarded money for back pay and/or other damages. The parties have agreed to fixed amounts to be paid for most claims. For other claims, back pay will be calculated according to USPS policy. A description of your possible payment is provided below.

If the Class Representatives win at arbitration, they are subject to the same back pay determinations as class members but may seek other damages to the extent permitted by law. However, the Class Representatives’ other damages are not limited to the fixed amounts set for class members because they have been seeking relief for many years and have born the burdens and risks of class representation.

10. What will I have to prove?

If your claim is not dismissed or settled, your claim will be resolved at a binding arbitration hearing. The parties have agreed to the following standards and burdens of proof for an arbitration where you assert that you were regarded as disabled and were denied a promotion, detail, or training opportunity: 1) the arbitrator will presume that the USPS regarded the claimant as disabled unless the USPS proves by a preponderance of the evidence that it did not so regard the claimant; 2)you must prove by a preponderance of the evidence that you applied or were deterred from applying for a promotional or advancement opportunity because of disability that for which you were qualified and could perform the essential duties of with or without reasonable accommodation; and 3)if you prevail on issue 2 above, you will be entitled to relief unless the USPS proves by clear and convincing evidence that you would not have received the promotion or advancement opportunity in the absence of your disability status.

The parties have agreed to the following standards and burdens of proof for an arbitration where you assert that you have an actual disability or record of disability and were denied a promotion, detail, or training opportunity: 1) you must prove by a preponderance of the evidence that you have a disability or record of disability; 2) if disability status is established you must prove by a preponderance of the evidence that you applied or were deterred from applying for a promotional or advancement opportunity because of disability, that you were qualified for and could perform the essential duties of which with or without reasonable accommodation; and 3)if you prevail on issue 2 above, you will be entitled to relief unless the USPS proves by clear and convincing evidence that you would not have received the promotion or advancement opportunity in the absence of your disability status. Your burdens of proof are similar if you allege that you were denied an award. However, instead of proving that you applied for an award, you have to prove that you were more qualified than the person who received the award or at least as qualified to receive the award as the person who received it and were rejected because of disability.

How I Can Participate in The Claims Process—Submitting a Claim Form

11. How can I participate in the Claims Process if it is approved?

10. How can I get a payment?

If the settlement agreement is approved, Claim Forms will be mailed to all Class Members at the same address as this form was sent. You may also get a Claim Form on the Internet at www.gloverclass.com. To participate in the Claims Process, you must mail a Claim Form to the address stated on the Claim Form within 45 days of the date of the metered stamp on the envelope containing the Notice of Final Approval of the Settlement Agreement issued by the EEOC Administrative Judge approving the settlement that may be sent to you by the USPS later. If you aren’t sent a Notice of Final Approval of the Settlement Agreement in the mail by the USPS, you must mail in your Claim Form within 75 days of the date of the Notice of Final Approval of the Settlement Agreement.

After you complete the Claim Form, your Class Claim may be settled or you may be asked for additional information about your Class Claim. Your Class Claim may then be settled with the assistance of a mediator or resolved in arbitration, conducted by an arbitrator instead of a judge. You will not have the right to appeal the decision of the arbitrator.

12. When might I get a payment if the settlement is approved and I mail in a claim?

11. When would I get my payment?

The EEOC Administrative Judge will decide whether to approve the settlement. If he approves the settlement, there may be appeals. It’s always uncertain whether these appeals can be resolved, and resolving them can take time, perhaps more than a year. Everyone who receives this notice by mail will be informed of the progress of the settlement. The Claims Process will also take some time. The status of the process can also be monitored at www.gloverclass.com. Please be patient.

13. What am I giving up to participate in the Claims Process if the settlement is approved?

According to the regulations of the EEOC, you may have a right to appeal approval of the settlement to the Equal Employment Opportunity Commission (EEOC). Under EEOC regulations, if the settlement approval is upheld, all class members are bound by the settlement. There is no right to “opt out” or otherwise exclude yourself from the settlement. You may have the right to file a civil action in a federal court. If you participate in the Claims Process, you will give up those rights. This means you cannot appeal the approval of the settlement or sue, or be part of any other lawsuit against the USPS about the legal issues in this case. It also means that all of the EEOC’s orders will apply to you and legally bind you. If you sign a Claim Form, you will agree to a “Release of Claims,” attached to the Claim Form, which describes the legal claims that you give up if you mail in a Claim Form.

. What am I giving up to participate in the Claims Process if the settlement is a

14. How Will The Claims Process Work?

PHASE 1

During Phase 1, Claims Forms will be collected and sorted. The USPS will provide some documents to Class Counsel about Class Members and make recommendations to Class Counsel about dismissals of invalid claims. People who assert invalid claims will be notified by Class Counsel if their claims are dismissed in Phase 1 and will not be able to receive any money under the settlement. The USPS will also recommend settlement of groups of claims to Class Counsel in Phase 1.

PHASE 2

During Phase 2, the parties will exchange additional information about Class Claims that were not resolved during Phase 1. Claimants, with Class Counsel’s assistance, will prepare detailed claim forms. The USPS will prepare a detailed answer. At the end of this process Class Counsel and the USPS will attempt to resolve additional claims.

PHASE 3

During Phase 3, settlement of remaining claims can be discussed with the assistance of a neutral mediator. The mediator will help the parties to reach a compromise that is satisfactory to both parties.

PHASE 4

During Phase 4, all remaining claims will be resolved in an arbitration hearing. The arbitrator’s decision will be final, and there will be no appeals from the arbitrator’s decision. If you lose in arbitration, you will not receive any money from the settlement, except some payment for time and transportation costs associated with the arbitration, if you are eligible for it.

14. How Will The Claims Process Work?

15. If I Win My Claim, How Will My Damages Be Determined?

Back pay and other damages for successful claimants will be calculated as follows:

Damages on promotional opportunity claims will be a fixed amount. If you win at arbitration and an arbitrator finds that you were denied an award, training, assignment or detail because of disability discrimination, the arbitrator can order the USPS to pay you $300 for the award, $500 for the training, or $2,000 for the assignment or detail.

Class Members who win at arbitration on advancement opportunity claims may recover damages and back pay. The amount of the damages will be determined based on the year in which the opportunity was denied.

Year	Amount
1992	$10,000
1993	$9,500
1994	$9,000
1995	$8,500
1996	$8,000
1997	$7,500
1998	$7,000
1999	$6,500
2000	$6,000
2001	$5,500
2002	$5,000
2003	$4,550

For example, if an arbitrator finds that you were denied an advancement opportunity in 1995 because of disability discrimination, you will be awarded $8,500 in damages.

In addition to other damages, successful claimants on advancement opportunity claims will be entitled to back pay. The amount of back pay for advancement opportunity claims relating to seniority-based bargaining unit positions will be paid according to the attached matrices for the major crafts.

Back pay for advancement opportunity claims involving movement 1) from craft to any non-craft positions, 2) from craft to best qualified craft positions, or 3) from any non-craft position to any non-craft position will be determined by individual back pay calculations pursuant to normal USPS policy.

Each Class Member can seek payment for a) combination of one advancement opportunity, one detail claim and one award or training claim (1-1-1) or b) any combination of two promotional opportunity claims. No Class Member will be paid for more than one finding of a denial of an advancement opportunity.

No back pay will be awarded for periods after December 26, 2003. No interest will be paid on any claims. No Class Member will be paid front pay.

Class members will ultimately be responsible for the payment of any federal, state, or local taxes on awards, and the USPS will make no representation as to the tax status of any payment, but the USPS will withhold taxes from any payments pursuant to USPS policy.

In addition to damages and back pay, successful claimants for letter carrier positions may seek retroactive placement in such positions. Successful claimants who assert they were denied EAS supervisor placements, may seek such placements, provided they take and pass the applicable test, and complete the standard Associate Supervisor Program application, which will be reviewed by a special panel.

The Lawyers Representing You

16. Do I have a lawyer in this case?

The Court has appointed John Mosby, Elisa Moran, Marilyn Cain Gordon, John W. Davis, John Evangelisti, Dale Gaar and Brad Seligman to represent you and other Class Members. These lawyers are called Class Counsel. You will not be charged for these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense.

17. How will the lawyers be paid?

17. How will the lawyers be paid if the settlement is approved?

Class Counsel has been working on this case since 1992 and will ask the EEOC Administrative Judge to approve attorneys’ fees and expenses for that period through the date of approval of the settlement. For the eleven years that Class Counsel has been working on this case prior to the settlement, the USPS has agreed to pay reasonable attorneys’ fees and costs of $1,055,000.

Class counsel will be paid for their work by the USPS on the claims process prior to mediation and arbitration stages on a per claim basis set out below. These sums will not be deducted from claimant damages and back pay awards:

# of Claims	fixed fees and costs per claim	Maximum amount (cumulative)
first 1,000 claims	$1,200/claim	$1,200,000
next 3,000 claims	$1,000/claim	$4,200,000
next 1,000 claims	$800/claim	$5,000,000
next 2,000 claims	$600/claim	$6,200,000
next 2,000 claims	$500/claim	$7,200,000
next 1,000 claims	$400/claim	$7,600,000
next 5,000 claims	$200/claim	$8,600,000
more claims	$145/claim	unlimited

For example, if 1,000 Class Members mail in Claim Forms, then Class Counsel will be paid $1,200,000 for its work on the claims process.

In addition, class counsel will be paid fees of $1,500 for their work on each mediation which is settled or where a claimant ultimately wins at arbitration, and $4,000 for their work on each arbitration that a Class Member wins. In addition, Class Counsel shall be reimbursed for travel fees, the cost of the class web site, and some expert fees. The total amount for those other costs should not exceed $600,000. If you choose to hire your own lawyer to represent you, your own lawyer may be paid no more than the per claim amounts set forth for mediations and arbitrations. Fees for outside counsel incurred for services outside of the scope of this settlement are the sole responsibility of the individual claimant and will not be reimbursed.

The USPS will also pay the costs to administer the settlement. These amounts will not come out of payments to Class Members.

Excluding Yourself From the Settlement

18. If the settlement is approved, how do I get out of the settlement?

Pursuant to the EEOC regulations, if the settlement is approved, there is no right to exclude yourself from the settlement or otherwise opt out. If you don’t want to participate in the Claims Process, then you should not file a Claim Form. If you have a pending discrimination complaint against the USPS alleging any of the same or similar legal issues as the Class Claims, you must file a Claim Form in order to get any money for those claims. However, if a large number of people decide to file lawsuits, the Settlement Agreement may become void.

13. How do I get out of the settlement?

19. If I file a Claim Form, can I file an administrative complaint against the USPS for the same thing later?

No.

20. If I don’t file a Claim Form, can I get money from this settlement?

15. If I exclude myself, can I get money from this settlement?

No. Only people who file Claim Forms can get money from this settlement.

If You Do Nothing

21. What happens if I do nothing at all?

If you do nothing now, the EEOC Administrative Judge will assume that you have no objections to the settlement. If you do not file a claim after the settlement is approved, you’ll get no money from this settlement and you won’t be able to make an EEO complaint or start a lawsuit against the USPS about the same claims ever again. If you have a pending discrimination complaint against the USPS about any of the same or similar legal issues as this case, you will not get any money from your disability discrimination complaint unless you file a Claim Form in this case.

Getting More Information

22. Are there more details about the settlement?

24. Are there more details about the settlement?

This notice summarizes the proposed settlement. More details are in the Settlement Agreement. You can get a copy of the Settlement Agreement by contacting class counsel at 1-800-280-8301 toll free, or by visiting www.gloverclass.com.

23. How do I get more information?

25. How do I get more information?

You can call 1-800-280-8301 toll free; or visit www.gloverclass.com, where you will find answers to common questions about the settlement, plus other information to help you determine whether you are a Class Member and whether you are eligible to make a claim.

Objecting to the Settlement

You can tell the EEOC Administrative Judge if you don’t agree with the settlement or part of it.

24. How do I tell the EEOC Administrative Judge that I don’t like the settlement?

If you’re a Class Member, you can object to the settlement if you don’t like any part of it. You can give reasons why you think the EEOC Administrative Judge should not approve it. The EEOC Administrative Judge will consider your views. To object, you must send a letter saying that you object to the settlement in Chandler Glover and Dean Albrecht, et al., v. John E. Potter, Postmaster General U.S. Postal Service, EEOC Case No. 320-A2-8011X; Agency Case No. CC-801-0015-99. Your letter should also state what you object to and the reasons for your objection. Be sure to include your name, address, telephone number, your signature, and the reasons you object to the settlement. Mail the objection to these three different places postmarked no later than March 3, 2004[b1] :

EEOC Administrative Judge

Class Counsel

USPS Counsel

EEOC Administrative Judge Dickie Montemayor

Equal Employment Opportunity Commission

303 E. 17th Avenue, Suite 510

Denver, CO 80203

John Mosby, Esq.

621 17^th St. #925

Denver, CO 80293

Kevin Calamoneri, Esq.

United States Postal Service

475 L’Enfant Plaza, SW

Washington DC 20260-1127

25. What is the difference between objecting and not participating in the Claims Process?

Objecting is telling the Administrative Judge that you don’t like something about the settlement. Not participating is deciding not to seek money or other benefits from the Claims Process.

date: February 2, 2004

Back Pay Matrices

Instructions for calculating back pay for Claimants who were employed by the USPS on November 20, 2003: If one of the three matrices below applies to a lost advancement opportunity, then the back pay for Claimants who were employed by the USPS on November 20, 2003 is determined by the box in the applicable matrix that corresponds both (1) to the year in which the opportunity was lost and (2) the employee’s step category at the time of the lost opportunity. Step Category 1 applies to employees at steps A-E; Step Category 2 applies to employees at steps F-J; and Step Category 3 applies to employees at steps K-O. For example the amount of back pay for a Step F APWU employee who was denied advancement from Grade 5 to 6 in 1996 is $8,817.

Instructions for calculating back pay for Claimants who were not employed by the USPS on November 20, 2003: For Claimants who were not employed by the USPS on November 20, 2003, the amount of back pay is determined by first calculating the amount that the Claimant would have received if the Claimant were a USPS employee on November 20, 2003 (see above) and then subtracting from that amount the amount in the box in the applicable matrix that corresponds both (1) to the year in which the Claimant left the employ of the USPS and (2) the employee’s step category at the time of the lost opportunity. Step Category 1 applies to employees at steps A-E; Step Category 2 applies to employees at steps F-J; and Step Category 3 applies to employees at steps K-O. For example the amount of back pay for a Step F APWU employee who was denied advancement from Grade 5 to Grade 6 in 1996 and retired in 1999 is $3,424.

MATRIX 1: APWU ADVANCEMENTS FROM GRADE 5 to 6
Year	Step Category 1	Step Category 2	Step Category 3
1992	$14,888	$13,298	$13,861
1993	$13,883	$12,208	$12,777
1994	$12,911	$11,102	$11,678
1995	$11,930	$9,940	$10,519
1996	$11,037	$8,817	$9,402
1997	$10,181	$7,684	$8,273
1998	$9,372	$6,546	$7,141
1999	$8,596	$5,393	$5,995
2000	$7,856	$4,232	$4,828
2001	$6,145	$3,122	$3,646
2002	$3,975	$2,059	$2,450
2003	$1,981	$1,018	$1,232
MATRIX 2: NALC ADVANCEMENTS FROM GRADE 5 to 6
Year	Step Category 1	Step Category 2	Step Category 3
1992	$14,896	$13,305	$13,869
1993	$13,891	$12,213	$12,784
1994	$12,918	$11,106	$11,682
1995	$11,935	$9,941	$10,522
1996	$11,021	$8,817	$9,403
1997	$10,159	$7,681	$8,271
1998	$9,351	$6,539	$7,138
1999	$8,576	$5,386	$5,992
2000	$7,869	$4,239	$4,842
2001	$6,157	$3,128	$3,658
2002	$3,985	$2,063	$2,458
2003	$1,986	$1,020	$1,237
MAIL HANDLER ADVANCEMENTS FROM GRADE 4 to 5
Year	Step Category 1	Step Category 2	Step Category 3
1992	$15,048	$12,338	$12,807
1993	$14,101	$11,322	$11,794
1994	$13,208	$10,306	$10,780
1995	$12,311	$9,234	$8,850
1996	$11,495	$8,199	$8,680
1997	$10,706	$7,152	$7,639
1998	$9,944	$6,101	$6,596
1999	$9,222	$5,035	$5,539
2000	$7,731	$3,962	$4,460
2001	$5,624	$2,930	$3,366
2002	$3,511	$1,936	$2,259
2003	$1,745	$964	$1,144

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Basic Information

Ba sic Information