John A. Cyncar v. John E. Potter!
The Class Action that this WebSite was originally based on, John Cyncar v. John E. Potter, Postmaster General, U.S. Postal Service, EEOC Case No. 320-A1-8380X; Agency Case No. CC-809-0001-10 (4E-800-0333-00).
The above listed class-action EEO was initiated in August 18, 2000, and again on April 30, 2001. Attorneys for the class were retained on April 16, 2002. Mr. McNamara was brought on as co-counsel on May 20, 2002. The attorneys diligently worked to meet the qualifiers for certification of the class. The Class Action Complaint was certified by the Denver District EEOC on April 1, 2003. The Class Action was approved by the OFO, EEOC, on February 1, 2007.
The Notice of Approval has been mailed by the USPS on August 1, 2007. That notice was sent to 49,050 potential class participants. A Q&A (Question and Answer) page in regards to the notices was posted on this website on August 3, 2007.
To download and view the OFO's February 1, 2007 decision approving the class-action, click here. To download and view the OFO's May 1, 2007 decision, click here. To view the USPS notice of approval dated August 1, 2007, click here. The files are in PDF (Acrobat Reader) format, so you will need Acrobat Reader 5.0 or later to view the files.
The class revolves around the following precept, "Violations of the FMLA by the USPS against personnel whose serious, or chronic serious, health conditions could meet the statutory definitions of a "qualified disability"." To receive a brief overview of what a "qualified disability" is, please refer to the disabilities page. This will give you a general idea of whether or not your serious health condition can qualify as a disability.
Employees outside of Western Area cannot join the class-action. The class appeal submitted to OFO on August 19, 2003 makes reference to individuals from across the nation that have contacted the class attorneys, or the class agent. OFOs' decision of February 1, 2007 allows expansion of the class to the nation by the assigned Administrative Judge (AJ). That decision would be within the purview of the AJ and it is so stated in the OFO's decision.
The listings presented below are the actual order given by Judge Humphreys, an Administrative Judge at the District EEOC office in Denver, CO. The whole order (1.3 MB) is presented in .pdf format in the first entry, and the other entries are page by page listings in .gif picture format. More recent versions of Netscape Navigator and Internet Explorer can bring these pictures up in their window. Otherwise, you can download the pictures and view them in any given picture program. You will find that the .Gif format provides a clearer picture than the .pdf format.
If you are a Union Representative (NALC, NPMHU, APWU), and this is your first visit to this website and your Union Members of your Local have received the brunt of FMLA Violations, please refer to the help link at this website to see how your members can join this class-action. Contact information for the class attorneys-of-record are listed here. Forms which will help your members join the class-action are contained at the Cyncar v. Potter Download link.
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