COMMONWEALTH OF PENNSYLVANIA et al v. DeJOY et al

Filing 63

ORDER THAT PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION IS GRANTED IN PART. SIGNED BY HONORABLE GERALD A. MCHUGH ON 9/28/20. 9/28/20 ENTERED AND COPIES E-MAILED.(mbh, )

Case 2:20-cv-04096-GAM Document 63 Filed 09/28/20 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
COMMONWEALTH OF PENNSYLVANIA,
ET AL.
v.
LOUIS DeJOY
IN HIS OFFICIAL CAPACITY AS
UNITED STATES POSTMASTER GENERAL,
ET AL.

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CIVIL ACTION NO. 20-4096

ORDER
This 28th day of September, 2020, for the reasons stated in the accompanying
memorandum opinion, it is hereby ORDERED that Plaintiffs’ Motion for a Preliminary
Injunction (ECF No. 18) is GRANTED IN PART, as follows:

1. This Court adopts the order entered by the United States District Court for the Southern
District of New York in Jones v. United States Postal Service, No. 20 Civ. 6516 (S.D.N.Y.
Sept. 25, 2020) (Marerro, J.) and makes it an Order of this Court.
2. To the extent that Judge Marerro’s Order imposed reporting requirements, in complying with
the Order, Defendants shall simultaneously file the same reports with this Court.
3. Defendants shall comply with the “Clarifying Operational Instructions” issued September 21,
2020, Courtroom Exhibit 57, adopted in response to the Order entered by Washington v.
Trump, No. 1:20-CV-03127-SAB, 2020 WL 5568557 (E.D. Wa. Sep. 17, 2020) (Bastian, J.),
and not deviate from those instructions except as authorized by Judge Bastian.
4. Additionally, Defendants, and all their respective officers, agents, servants, employees and
attorneys, and persons in active concert or participation with them are hereby ENJOINED
from the following:
a. continued implementation or enforcement of operational changes announced in July
2020 reflected in the July 10, 2020 “Mandatory Stand-Up Talk: All Employees,” and
the “PMGs Expectations” PowerPoint unless and until the Postal Service presents
such changes to the Postal Regulatory Commission and obtains an advisory opinion
after a public hearing is held pursuant to 39 U.S.C. 3661(b) and 39 U.S.C. 3661(c).
b. continued implementation or enforcement of the Guidelines regarding transportation
sent by Robert Cintron to Area Vice Presidents and other agency representatives on

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July 11, 2020 and July 14, 2020, unless and until the Postal Service presents such
changes to the Postal Regulatory Commission and obtains an advisory opinion after a
public hearing is held pursuant to 39 U.S.C. 3661(b) and 39 U.S.C. 3661(c).
c. continued implementation or enforcement of any and all organizational efforts,
initiatives, “operational pivots,” new efforts to “better adhere to existing operating
plans” or priority shifts with regard to changes in late and extra truck trips and carrier
start and stop times that began during the time period of June 15, 2020 until
September 16, 2020, unless and until the Postal Service presents such changes to the
Postal Regulatory Commission and obtains an advisory opinion after a public hearing
is held pursuant to 39 U.S.C. 3661(b) and 39 U.S.C. 3661(c);
d. continued implementation or enforcement of any and all organizational efforts,
initiatives, “operational pivots,” or priority shifts with regard to work hours reduction
targets, penalty overtime, pre-tour overtime, new manager approval requirements for
work hours and overtime, and other overtime requests and approvals that began
during the time period of June 15, 2020 until September 16, 2020, unless and until the
Postal Service presents such changes to the Postal Regulatory Commission and
obtains an advisory opinion after a public hearing is held pursuant to 39 U.S.C.
3661(b) and 39 U.S.C. 3661(c);
5. On October 9, October 16, October 23, and October 30, the Postal Service shall make timely
submissions to this Court regarding:
a. The rate that the Postal Service incurred overtime, starting October 2, 2020, as a
percentage of total work hours nationwide and as a percentage of total work hours within
the two regional processing operations areas and four retail and delivery operations areas;
b. The number of late and extra trips taken by Network & Local PVS & HCR, starting
October 2, 2020.

/s/ Gerald Austin McHugh
United States District Judge

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