Free Letter - District Court of Delaware - Delaware

· Case 1 :07-cv-00139-JJF Document 13-2 Filed 12/O4/2007 Page 1 of 4
Case 1 :07-cv-00139-***-MPT Document 13 Filed 12/O4/2007 Page 1 of 7
November 27m, 2007
Dong O. Chung
lll Stirrup Dr.
Elkton, MD 21921
(410) 996-9502
TO: The Honorable Judge Mary Pat Thynge
CC: Patricia C. Hannigan, Assistant US Attorney
RE: Dong O. Chung v. John E. Potter
Civil Action No. 07- 139
I am sending you documents that include literature on which I am basing my claims and
the compensation I am seeking. The information provided is to the best of my
knowledge true and correct.
Let me know if additional information is necessary.
Best Regards,
Don Chung

‘ Case 1 :07-cv-00139-JJF Document 13-2 Filed 12/04/2007 Page 2 of 4
_ Case 1 :07-cv-001 39-***-lvl PT Document 13 Filed 12/04/2007 Page 2 of 7
November 25°‘, 2007
Civil Action No. 07-139
DOCUMENTS OF REFERENCE for DONG CHUNG v. JOHN E. POTTER
The following texts are the sources of the plaintiffs arguments. Cited texts include: 1)
the Joint Contract Interpretation Manual, 2) the APWU Collective Bargaining
Agreement, and 3) the 2000 Local Memorandum of Understanding for the
Delaware P&DC.
Joint Contract Interpretation Manual Article 7.3
FULL- TIME FLEXIBLE MEMORANDUM
Even though management has complied with the 80 percent full-time requirement in a 200 man year
facility, further conversions to full-time are required when the following requirements are met:
· The part-time flexible employee works at least thirty-nine hours per week during
the previous six months (paid leave hours count as work hours, except where taken to round out to forty
hours)
• The employee works in an office with l25 or more man years
· The part-time flexible employee was not working in a withheld position during the period
· The work was perfonned in the employee’s craft, occupational group and installation
If a gart-time flexible employ mgg thg above criterion, the senior wrt-time gexible employee
mugt be cgnverted to full·time flexible. Such employee has a_flexible schedule which is established
week-to-week and posted on the Wednesday _preceding the service week. The schedule may involve
varying daily reporting times,_varying nonscheduled days and varying reporting locations within the
installation depending on operational requirements. Employees convened to full·time flexible_status are
considered unassigned (unencumbered in the clerk craft) full—time_employees who may bid on posted
duty assignments or be assigned to residual duty_assignrnents. Full-time flexible assignments are
incumbent only assignments and are not filled when vacated.
The Plaintiff argues that the management has discriminated against him by allowing all
other former PT Fs to be convened to full-time positions in a timely manner while
withholding his conversion to afull-time position even though he had met the listed
criterion.

‘ Case 1 :07-cv-00139-JJF Document 13-2 Filed 12/O4/2007 Page 3 of 4
_ _ Case 1 :07-cv-00139-***—l\/lPT Document 13 Filed 12/04/2007 Page 3 of 7
Part-time flexible employees working at the straight-time rate shall be given priority in scheduling over
casual employees. However, that scheduling obligation must be met during the course of a "service
week," and the part-time flexible employees must be “qualified and available." (A "service week" begins
at l2:0l a.m. Saturday and ends at 12:00 midnight the following Friday).
A violation of Articlg 7.l.B.2 may occu; when: 1) management schedules a cgsppl for work which a
part-time flexible employee could have performed instead and, 2) the part-time flexible employee had
less than 40 straight-time hours (either work or a combination of work and paid leave) during the service
week. For example, if] when scheduling part-time flexible employees, management consistently and
regularly underestimates the work which will remain at the end ofthe week for part—time flexible
employees, and this results in casuals working at the beginning or the middle of the service week while
the part-time flexible employees do not obtain a forty hour week, this practice would constitute a
violation of Article 7.l.B.2.
The Plaintitf argues that the management has discriminated against him by scheduling
casuals for work which he could have performed
2000 Local Memorandum of Understanding - Delaware P&DC/Wilmington Post Office
ltem#2 1 .B.2 Motor Vehicle Craft — MVS
A gay·to-day administration of sepiorig ghall inglude PTFs.
(LOCAL MEMORANDUM OF UNDERSTANDING (Article 30.A ofthe J CIM)
All memoranda which are part ofthe 2000-2003 National Agreement- including the Local Memorandum
of Understanding (LMOU) —— automatically continue through the extended term of the contract-
November 20, 2006. The local parties do not have the right to make changes to the LMOU except during
the designated 30 day implementation period.)
The Plaintitf argues that the management has discriminated against him by ignoring his
seniority and allowing junior PT Fs to work more hours than him. Furthermore, the
management has chosen to set other employees’ overtime hours as a priority over his
straight-time hours.

· Case1:O7—cv-00139-JJF D0cument13-2 Fi|ed12/O4/2007 Page40f4
Case1:07-cv—OO139-***-MPT D0cument13 FiI€·d12/O4/2007 Page70f 7 __ 0
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