[blindlaw] DVA Dispute ResolutionProgramManagerBreachesConfidentiality

Cathryn Bonnette cathrynisfinally at verizon.net
Sun Dec 20 15:51:42 UTC 2009


Dan:

I thoroughly enjoyed talking with you today.  Thanks much for your time and
listening ear.  My contact details follow.

Please use home contacts first:
Home e-mail: cathrynisfinally at verizon.net
Hone phone: 703-553-0477
Work contacts are not preferred at present, but here's the info:
Office e-mail: Cathryn.bonnette at va.gov
Office phone: 202-461-0513
Feel free to share with Fred S. as we discussed.

Also, my plan is to e-mail my atty re: 1) contacting Jim Moran, and 2)
trying other political moves such as Christine Griffin, NFB, and/or the
media. 

OK, Dan, be well, and enjoy the blizzard!!!!!!

-----Original Message-----
From: blindlaw-bounces at nfbnet.org [mailto:blindlaw-bounces at nfbnet.org] On
Behalf of Dan Frye
Sent: Friday, December 18, 2009 9:27 PM
To: NFBnet Blind Law Mailing List
Subject: Re: [blindlaw] DVA Dispute
ResolutionProgramManagerBreachesConfidentiality

Kathryn:

My contact details are below.  Please call over the weekend.  
Reaching me on my mobile will be easiest, but my home number is 
also (410) 243-1818.  I have a chapter meeting in the morning, 
but I will be otherwise free.

Daniel B.  Frye
Office: (410) 659-9314, Ext 2208
Mobile: (410) 241-7006
Note: This message has been issued remotely from the BrailleNote.

> ----- Original Message -----
>From: "Cathryn Bonnette" <cathrynisfinally at verizon.net
>To: "'NFBnet Blind Law Mailing List'" <blindlaw at nfbnet.org
>Date sent: Fri, 18 Dec 2009 15:50:04 -0500
>Subject: Re: [blindlaw] DVA Dispute Resolution 
ProgramManagerBreachesConfidentiality

>Dan:
>Thanks for responding.  I found your e-mail, but not a phone #.  
If you are
>open to discussing- my # is 703-553-0477.  Interested to hear 
your input.
>Cathryn


>-----Original Message-----
>From: blindlaw-bounces at nfbnet.org 
[mailto:blindlaw-bounces at nfbnet.org] On
>Behalf Of Frye, Dan
>Sent: Friday, December 18, 2009 8:58 AM
>To: NFBnet Blind Law Mailing List
>Subject: Re: [blindlaw] DVA Dispute Resolution Program
>ManagerBreachesConfidentiality

>Cathryn:

>During my years as a Federal employee (I'm no longer serving in 
this
>capacity), I served as a union representative.  Consequently, I 
have a
>variety of experiences that I can share with you that could prove
>helpful in resolving your situation.  Give me a call or write 
privately
>(my contact details are below) if you wish to communicate.  In 
the
>interim, follow your current course of action.  Get your appeal 
filed,
>continue doing your job, document your efforts at resolution, and
>minimize your verbal, undocumented communication with your 
manager to
>instances of absolute necessity and preferably limit conversation 
with
>her to circumstances in the presence of reliable others.  Stay 
strong
>while you're fighting the system because you're always at a 
disadvantage
>if somebody with authority over you has decided to target your
>performance.  You either have to make your way through the 
process of
>acquitting yourself or decide to leave.  If you've chosen to try 
and
>stay, you seem to be doing what you must.  Finally, begin 
discretely
>looking for other employment opportunities so that you have 
options if
>matters become intolerable or a decision on the merits of your 
EEO and
>other complaints are not favorable.  I know nothing about the 
substantive
>merits of your case, but these are my superficial first thoughts.  
Write
>or call if You'd like to discuss this further.

>Dan Frye

>-----Original Message-----
>From: blindlaw-bounces at nfbnet.org 
[mailto:blindlaw-bounces at nfbnet.org]
>On Behalf Of Cathryn Bonnette
>Sent: Friday, December 18, 2009 4:05 AM
>To: 'NFBnet Blind Law Mailing List'
>Subject: [blindlaw] DVA Dispute Resolution Program Manager
>BreachesConfidentiality

>All:

>A sum of events follows in my federal employment.  I will be very
>appreciative of ideas you may wish to offer.  Thanks in advance 
for your
>time.



>I've been an Alternative Dispute Resolution, ADR, Specialist at 
the
>Department of Veterans Affairs, DVA for 3 years next March.  I'm
>experiencing ongoing retaliation in a hostile environment, and 
trying to
>tolerate it to remain employed and achieve career status.  The 
situation
>is now intolerable

>I was recruited into a Schedule A, (disability related hiring
>authority), and moved from California to Washington DC 3/07.  I 
was
>given opportunities above my grade level, GS-11, within the first 
6
>months, completed assignments successfully and promoted to GS-12 
in
>3/08.  In 5/08 a manager was promoted to become my direct 
supervisor.
>Days before her promotion was finalized, I asked my current boss, 
the
>Deputy Assistant Secretary, DAS for a transfer since I had 
experienced
>this manager's verbal abuse and discriminatory treatment from the 
start
>of the application process.  The DAS assured me the manager would 
not
>bother me but denied my request.  In the next rating period after 
my
>promotion, the manager rated me as "needs improvement'".  In 
12/08 the
>oral threats of termination at any time began coming from the 
manager
>with no guidance, counseling, etc.  and I filed an
>EEO Complaint in 1/09.  The manager terminated me in 2/09.    I 
appealed
>to
>the Secretary of VA, and his Chief of Staff, John Gingrage, 
stated "We
>will make this right." The termination was reversed, but I was 
placed
>back in the same office under the same manager.  I was given to
>understand it was a "take it or leave it" proposition.

>I resumed work but the same pattern continued with the set up for
>failure
>becoming more blatant.   I hired Gebhardt and Assoc.  to 
represent me in
>the
>EEO process.  As my complaint moved to the formal stage, the 
manager
>placed me on a Plan to Improve Performance, PIP in 7/09, required 
me to
>change software from what I had used, and team members continued 
to use,
>increased my work load and added unfamiliar assignments .  The 
manager
>also designated an incompetent reader/sighted assistance and has 
ignored
>all my communications of ineffective reasonable accommodation.  
11/09 she
>reported I failed the PIP and proposed my removal.

>We are preparing a response given a deadline of 12/24/09.

>Yesterday as the manager and I discussed my assignments and I 
asked for
>clarification on a change to my performance standard she made 
lest week
>that ensures my failure, the ombudsman walked into the meeting 
and I
>agreed to spend 15 minutes articulating the issue to him.  At 
that point
>the manager said, "Well, I don't think I'm speaking out of turn, 
but-
>"and proceeded to disclose that I was on a PIP, had failed the 
PIP, and
>she had proposed my removal.  I have never discussed my personnel
>history with team members or other employees.  I confronted the 
manager
>with the breach of my confidential records and observed as she
>rationalized her conduct stating that the ombudsman is acting to 
resolve
>a dispute, and the information was relevant to him- as though 
discussion
>of any performance question with this manager must include the 
ombudsman
>and my agreement to meet with him a few minutes gave the manager 
license
>to disclose my confidential record.



>I was unable to concentrate on work due to my own experience of 
shock
>and the manager's continued oral harassment as she repeatedly 
entered my
>office through the remainder of the day.  I guess the only way to 
get
>away from her is  to take sick leave today and Monday to 
determine next
>steps.  I am very close to achieving career status- March 5 2010.  
I
>believe this manager intends to ensure I never accomplish it, and 
that
>her determination to be rid of me is of utmost importance to her.
>Meanwhile it is difficult for me to decide a best course to take 
at
>present.



>Again, thanks for listening.

>Cathryn Bonnette (cathrynisfinally at verizon.net)

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