Free Declaration in Support - District Court of California - California

Case 3:O7—cv—O2747-SI Document 69 Filed 07/10/2008 Page 1 of 3
1 JOSEPH P. RUSSONIELLO (CSBN 44332)
United States Attorney
2 JOANN M. SWANSON (CSBN 88143)
Chief, Civil Division
3 JENNIFER S WANG (CSBN 233155)
Assistant United States Attorney
4
450 Golden Gate Avenue, Box 36055
5 San Francisco, California 94102-3495
Telephone: (415) 436-6967
6 Facsimile: (415) 436-6748
j€l'IIllfC1'.S.W&Hg@USdOj. gov
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Attorneys for Defendant
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9 UNITED STATES DISTRICT COURT
10 NORTHERN DISTRICT OF CALIFORNIA
11 san FRANCISCO DIVISION
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13 JEFFREY W. TAM, ) No. 07-2747 SI
)
14 Plaintiff, ) DECLARATION OF LINDA LEE IN
) SUPPORT OF DEFENDANT’S
15 v. ) MOTION FOR SUMMARY
) JUDGMENT
16 JOHN E. POTTER, Postmaster General, )
)
1 -,· Defendant. )
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I, Linda Lee, declare as follows:
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l. I am over 18 years of age, am a resident of the State of California, and make this
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21 declaration in support of dcfendanfs motion for summary judgment. The statements contained
22 in this declaration are within my personal knowledge.
23 2. I arn a Hunztan Resource Specialist in the Personnel Department at the United States
2 4 Postal Service’s ("USPS" or "Postal Service") Processing and Distribution Center in Oakland,
25 California ("Oa.kland P&DC"). The Personnel Department is part of the Postal Service’s
2 6 I-Iuman Resources Department ("Human Resources"). I have been a Human Resource
27 Specialist for over 3 years. In my capacity as Human Resource Specialist, 1 arn responsible for
2 8 posting vacancies in the Motor Vehicle Craft unit at the Oakland P&DC, am familiar with the
LEE pact. 1So DEF'S MOT. FOR SUMMARY JUDGMENT
cot-02m? st

Case 3:O7—cv—O2747-SI Document 69 Filed 07/10/2008 Page 2 of 3
1 different position designations in the Motor Vehicle Craft, and am familiar with the collective
2 bargaining agreement between the Postal Service and the American Postal Worker’s Union,
3 AFL-CIO (the "Ag;reement"). The Postal Service’s Human Resources Department is
4 responsible for coordinating all new hiring and for processing all requests for reassignment.
5 3. I have reviewed plaintiff Jeffrey Tam’s May 31, 2005 eReassign request. By that
6 request, Mr. Tam requested reassignment {rom a bulk mail assistant position to a driving
7 position as a full-time tractor trailer operator ("”[TO").
8 . .
4. in 2005, 1 processed Mr. Tam request for reassignment. At that time, I understood
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that Mr. Tam wanted to return to a driving position. Bulk mail assistants and TTOs are
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different positions within the Motor Vehicle Craft. Pursuant to Article 39.1 .C.'? of the
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Agreement, full-time TTO positions are filled through the bidding process; only full-time
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drivers can participate in the bidding process. Under Article 39. l .B.? of the Agreement, if a
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full-time TTO position remains vacant after all bidding has been completed, it is filled by
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15 converting the most senior, qualified part time driver to a full-time TTO. Because Mr. Tam
1 6 was not a full-time driver he could not obtain, via a request for reassignment, a full-time TTO
17 position. l·Iowever, part-time driving openings are not filled through a bidding process. Thus,
18 Mr. Tam could be reassigned as a part-time driver. My department is responsible for
19 coordinating hiring for the Oakland P&DC’s Transportation Networks Division. Accordingly,
2 0 at the time I processed Mr. Tam’s reassignment request, I knew that there were part-time Motor
21 Vehicle Operator ("MVO") openings. Because Mr. Tam could not obtain, via reassignrnent, a
22 full·tirne TTO position, and because I understood that Mr. Tam wanted to be a driver, I offered
23 him reassignment as a part-time MVO around September 2005. Mr. Tam was not required to
24 accept any reassignment offered to him. Mr. Tam was tree to decline the reassignment offer
25 and maintain his position as a bulk mail assistant. Mr. Tam accepted the reassignment to a
2 6 part-time MVO.
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2 B
LEE DECL ISO DEF`S MOT. FOR SUMMARY JUDGMENT
cor-ozrm si 2

Case 3:O7—cv—O2747-SI Document 69 Filed 07/10/2008 Page 3 of 3
1 1 deciare under penalty of peijury under the laws of the United States of America that
2 the foregoing is true and correct.
3 Executed on July 10, 2008 at Oaldand, Califomiax _
4 1/A`; ·u·.,...,.·i` a..»
5 Linda Lee
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LEE DEC]. ISO DEF‘S MOT. FOR SUMMARY JUDGMENT
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