[blindlaw] DVA DisputeResolutionProgramManagerBreachesConfidentiality

Dan Frye dfrye at nfb.org
Sun Dec 20 19:15:49 UTC 2009


Thanks, Kathryn.  I've forwarded your details to Fred Schroeder 
to see what advocacy or political support that our Virginia 
affiliate might be able to offer.  Good luck and enjoy your trip 
to North Carolina.

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: Sun, 20 Dec 2009 10:51:42 -0500
>Subject: Re: [blindlaw] DVA 
DisputeResolutionProgramManagerBreachesConfidentiality

>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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