8401 18 Mile Road #29
Sterling Heights MI 48313-3042
14 December 2000
Dear Senator Levin:
WASHINGTON DC 20510
To Whom It May Concern:
Please print full name: Leroy J. Pletten
Telephone number (H) 810 739-8343 (W) 810 574-5000
First National Building Suite 600
Detroit Michigan 48226
April 9, 1980
IN REPLY REFER TO:
|EEO CLASS COMPLAINT OF
||Charge No: 054-O8O-X0009|
Mr. Leroy J. Pletten
8401 18 Mile Road
Sterling Heights, Michigan 48078
Dear Mr. Pletten:
REFERENCE OR OFFICE SYMBOL| SUBJECT
| Request for EEO Counseling——
TO EEO Officer FROM Leroy J. Pletten 22 Jan 82
Attn: Mr. Adler
This requests counseling on the above, and the pattern of incidents that led to this.
DA FORM 2496
25 Jan 1982
TARCOM EEO Office
(TARCOM REG 690-10)
COMPLAINT CATEGORY (CHECK APPROPRIATE BLOCK(S)
Same Day As Effective Date
UNITED STATES ARMY TANK-AUTOMOTIVE COMMAND
WARREN MICHIGAN 48090
MEMORANDUM FOR C, Sys & Spt Br (AMSTA-PSM)
Detroit District Office
Leroy J. Pletten
Dear Mr. Pletten:
|Mr. Leroy J. Pletten|
|March 9, 1993||Page 2|
|8401 18 Mile Road #29
||Sterling Heights, MI 48313-3042
||12 March 1993|
Dear Ms. Kierpaul:
"In arriving at its decision, the agency shall not consider any reasons for action other than those specified in the notice of proposed action. . . ."
|8401 18 Mile Road #29
||Sterling Heights, MI 48313-3042
||27 May 1993|
Dear Ms. Gilmore:
"statement or citation of the written regulations . . . said to have been violated [and] a detailed statement of the facts," Boilermakers v Hardeman, 401 US 233, 245; 91 S Ct 609, 617; 28 L Ed 2d 10, 21 (1971), that
[at a linked site; then return here]
1300's - 1730's right to pure air developed
1880's federal law 5 USC 7513.(d) adopted, requiring that to legally fire an employee, a 30 day notice of accusations (charges), must be provided, prior to actually firing/terminating/removing the employee.
1898 Spanish-American War, Army refuses to enlist smokers due to their ill-effects from tobacco
1905, Federal safety law 5 USC 7902(d) passed, mandating safety in all federal job sites
1909, Michigan law MCL 750.27, MSA 28.216, banning TSC products
1969, Hired by TACOM as per good qualifications
1971-1977, Served as elected employee representative on Civilian Welfare Fund, promoting good working conditions, employee morale, and TACOM newspaper
1977-1978, TACOM Regulation 600-14.14-28 was adopted, forbidding imposing a forced leave on any employee. (Reason: to prevent discrimination against any employee, for example, against women, forced onto maternity leaves). No leave is allowed, except by employee request, and then if and only if management agrees.
Aug - Nov 1977, under President Carter, new DOD regulation 6015.18, 32 CFR 203, Army regulation AR 1-8 was issued (air quality / hazardous working conditions/TSC related), but never implemented at TACOM
Summer 1978, TACOM employees complained in the Public Affairs Office newsletter of poor air quality/working conditions/TSC-related
May - June 1979, Began to file safety reports, then a grievance with respect to the non-compliance. (AR 385-10 tells employees to report hazards). Grievances are forwarded to the Army USACARA to investigate. (My supervisor Jeremiah Kator, agreed with my position).
Sep 1979, Began to file 'class-action' in the EEO forum, with intent to assist all employees on the installation
Co-workers wanting TACOM to come into compliance, but fearful of reprisal, expressed support for my efforts on their behalf.
Sep 1979, Agency published a denunciation of my efforts on behalf of the workforce
Oct 1979, I requested a meeting pursuant to the Commanding General 'Open Door' policy, to meet with any employee on matters of concern. Thus far, no such meeting has occurred, and my request remains in effect.
Dec 1979 - Jan 1980, supervisor Jeremiah Kator was continuing to seek to transfer out of TACOM.
Jan 1980, the Army USACARA filed a report, supporting my claim of local noncompliance with AR 1-8, etc.
Feb 1980, TACOM decided to terminate me, with Col. John Benacquista demanding I cease whistleblowing, but of course I wouldn't do that, so the termination decision was made without notice, in violation of the 5 USC 7513.(b) law. The purpose was to intimidate coworkers, and send a message that whistleblowing and filing a grievance that wins against TACOM, is not tolerated.
Feb 1980, Co-worker Carma Averhart was offered promotion to replace Jeremiah Kator if she'd support getting rid of me. She demanded I quit coming to work. I kept reporting for work.
Feb 1980, the TACOM office that processes EEO complaints specified that it would never process my request for review of the decision to terminate me, a threat that has been carried out, so review has never occurred. This refusal has continued through the terms of all TACOM EEO staffers, Kenneth Adler - present.
March 1980, Dr. Francis Holt ordered me to stop reporting for duty. I kept returning, but was thereafter turned away. No notice of charges of filed, no right to reply was allowed, no notice of right to appeal, was provided. TACOM insisted I had no right of review.
March - April 1980, I began seeking review, though not having been notified of review rights and options.
Example: April 1980, the local EEOC by letter said that during the course of my class action cases, it could not process review of the TACOM "decision to terminate" me. (I'd have to file an individual request, which I began doing).
1980 - 2001, Multiple efforts to get review to begin, via the EEOC process, all of which TACOM has obstructed, as it fears that EEOC will agree that the April 1980 'decision to terminate' me, was done without notice of charges. (Notice would have had to have occurred over 30 days prior to the April 1980 EEOC letter, by Henry Perez, Jr.) Of course, no such notice exists.
1988-1989, Comment was made that I'd filed about 2,000 requests for EEOC review. Problem: TACOM refuses to allow assignment of a Counselor, Investigator, EEOC Hearing Officer/Administrative Judge, thus obstructs review, hence it hasn't occurred yet.
March 1980 - January 1982, TACOM claimed it had not really 'terminated' me, just ordered me off post.
January 1981, I asked the Michigan Unemployment Office for unemployment compensation, as I meet the criteria, ability to work, plus not being paid by employer TACOM. TACOM fought my claim, but after a formal Michigan hearing, July 1981, I won unemployment, verifying my ability to work.
August 1981, TACOM backdated a notice to December 1980, admitting having put me on forced leave, but citing no reasons whatever. As forced leave violates the TACOM Regulation, I sought EEO review, but TACOM again refused to arrange for an EEOC investigation, hearing, i.e., no review process such as others receive.
November 1981, TACOM via Carma Averhart decided to fake a removal notice, but identified no names of witnesses, incidents, dates, rule violations by me, performance deficiencies, qualification deficiencies, etc. Averhart could not do this, as her predecessor Jeremiah Kator had regularly documented my file with awards for my good performance and attendance. TACOM's goal, via Averhart, was to deny me specifics, hence, prevent me replying to any charges, as I don't know them. This refusal to say the charges (with names, dates, incidents, etc.) has continued ever since.
Jan 1982, again I requested review in the EEO forum, but this has been refused by TACOM. No counseling, investigation, hearing, has been allowed to occur. The rules say it is to be done within 180 days of the request.
March 1980 - present, in the absence of notice of appeal rights, much less, the charges, I have been filing requests for review to begin, review such as other employees receive, to every conceivable source.
|For example of subsequent events, click here.|