Free Response to Motion - District Court of Arizona - Arizona

{ --»——»V . ` C. DESCRIPTION OF INCIDENT/ACTION _ '
I Mr, Jung has a prior claim EEO # 1E-851-003-02 in which there has been no
A _ response. . ' »
. I Jung is a protected individual who has a physical impairment that
substantially limits one or more major life activities. Mr. Jtmg suffers &om bi-lateral knee I
I - I and lower back pain that inhibit him from performing manual tasks, walking and lifting. .
I On October 29, 2001, Mr. Jung was placed on permanent work restrictions that required _
Mr. Jrmg to sit in a soft cushion chair for 15-30 minutes after standing for 1 hour.
_· Humberto Trujillo (Mr. Trujillo), the Pl\/[PPC Manager, would either not allow him to sit
for 15-30 minutes or refuse him the use of a soft cushion chair.
l I 1 -
` Then, Mr. Trujillo started sending him home on the premise that there was not
. ` any work for him, when clearly there was. On March 5, 2002, management presented I .
Q Mr. Jung with a statement that stated, "change of work hours Eom 3:00 p.m. to 00:01 ` .
`I a.m. and days off from Saturday/ Sunday to Monday/Thursday, and only 4 hours and NO
GUARANTEE OF HOURS. Mr. J ung was instructed to sign this statement and that if he
l did not sign it, he would not be allowedback in the PMZPPC facility. Mr. Jung refused to
l _ _ sign on advise of the Union. “ A
- On April 10,2002, Mr. Jung returned to the PMPPC. Mr. Jung informed Dave
__ Brown, the union steward, and Bob (lastharne unknown), a manager, that he was there to
et work and was willing to sign the letter. Bob was unable to locate the letter and told Mr.
" ` Jung to start working and that he would find the letter so Mr. Jung could sign it. After ·
working to two hours, Mr. Trujillo approached Mr. Jung and told him that he would not
be paid for working that day and that he had to leave. Mr. Jung was told not to return to
- the PMPPC-until management informed him that they had located the No Guarantee of
Hours Letter. - ‘ . - · ·
On September 3, 2002, Mr. Jung, received a Notice of Removal Letter notifying
4 him that he was to be removed form the Postal service on September 28, 2002.
V 4 I j D. COMPARISONS I - ‘
I Mr. lung is aware of other white, hispanic and female employees who were on
work restrictions during the time of his restriction. These employees were allowed to .
I work their shin and were provided overtime. None of these employees were required to , _ .
. sign aNo Guarantee of Hours letter. However, the same opportunities were denied Mr.
Jung. I I
E; OFFICIALS RESPONSIBLE FOR ACTIONS I ° ; - I I
Humberto Trujillo · ‘ ` I I I_ ; · Eli; \ I
‘ I, ‘ PMPPC Manager ‘ ¢ ‘ ` IIIIII I I · - X
( (602) 442-6034 - r i {
I e l I 2 x
I I ‘ _ JUNG.PSEE0.00016 · I ,_,.-.--J l
` ' I `
j Case 2:04-cv-OO429—IVIHI\/I Document 47-5 F`Ied O2/21/2006 ‘ P 1· f 1I " IIIT"
4 _ I p ' age ° /0723

Case 2:04-cv-00429-MHM

Document 47-5

Filed 02/21/2006

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