UNITED STATES OF AMERICA

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION LOS ANGELES DISTRICT OFFICE

R.J. PITTMAN et. al., Complainants, v. PATRICK DONAHOE, Postmaster General, United States Postal Service, Agency.

) ) EEOC Hearing No. 541-2008-00188X ) ) Agency No. CC-800-0359-03 ) ) ) ) ) ) ) ) ) )

SETTLEMENT AGREEMENT 1. INTRODUCTION This is a class action, styled as Pittman et al. v. Donahoe, Postmaster General, United States Postal Service1 (the Case). The Case alleges that the U.S. Postal Service (USPS or Agency) violated the Rehabilitation Act of 1973, 29 U.S.C. §§ 791 et seq., as amended (Rehabilitation Act), by restricting the duty hours of current and former employees in permanent rehabilitation assignments during the period March 24, 2000 to the present. In the interest of resolving this dispute between the parties without the significant expense, delay, risk, and inconvenience of further litigation of the collective and individual issues raised in the case, in reliance upon the representations, mutual promises, covenants, and obligations set out in this Settlement Agreement, and for good and valuable consideration also set out in this Settlement Agreement, the parties, through their undersigned counsel of record, hereby stipulate and agree as follows.

1 This class complaint was originally filed by Edmond Walker, who was replaced as class agent by R.J. Pittman (Pittman) and was originally filed against Postmaster General John E. Potter, who has retired. His successor is Patrick R. Donahoe.

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2. DEFINITIONS The following terms, as they are used in this Settlement Agreement, shall have the meanings defined below:

A. “Challenged Practice” is the USPS allegedly restricting the duty hours of disabled employees in permanent rehabilitation assignments/positions during the Class Period in violation of the Rehabilitation Act. The Challenged Practice encompasses all restrictions on the duty hours of the Potential Class Members during the Class Period, including, but not limited to, restrictions on overtime, limitations on the work hours of part-time employees to the average hours the employee worked prior to their Office of Workers Compensation Programs (OWCP) accepted on-the-job injury claim, and Agency full or partial day “no work available” determinations and/or duty hour restrictions made before and after the Agency’s assessment of the employee at Phase 2 of the National Reassessment Process (NRP Phase 2). “Challenged Practice” does not include a decrease in duty hours resulting directly from changes to the employee’s assignment/position made by the Agency’s assessment of the employee at NRP Phase 2, including an Agency decision to send a Potential Class Member home in whole or in part for “no available work,” as these are the subject of a separate class action in McConnell v. Donahoe, EEOC No. 520-2010-00280X (McConnell Class Action).

B. “Claim” is a written request filed by any Potential Class Member seeking

monetary compensation for allegedly being subjected to the Challenged Practice during the Class Period.

C. “Claim Form and Release” is the written form to be completed by any Potential

Class Member, to begin the claim process and release his or her Claim pursuant to the Claims Process and Distribution Plan set forth in this Settlement Agreement. A sample Claim Form and Release is attached hereto as Exhibit B.

D. “The Class” is comprised of Permanent Rehabilitation Employees with

disabilities that allegedly had their duty hours restricted during the Class Period.

E. “Class Administrator” is the firm retained by Class Counsel to perform the mailing and related administrative functions required by this Settlement Agreement, including but not limited to printing and mailing the Notice of Resolution and Preliminary Approval (Notice of Resolution), a single trace and re-mailing for all undeliverable notices and claim forms, Claims processing, distribution of Form SF 1153 to the estate of deceased Eligible Class Members, establishing a Qualified Settlement Fund and distribution of Settlement Award and Service Award checks, and 1099-MISC forms. Settlement Services, Inc., a division of the Garden City Group, will be the Class Administrator.

F. “Class Agent” is R.J. Pittman.

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G. “Class Agent Award” is compensation to be paid to R.J. Pittman from the Class Fund as set forth in Section 7(B) below, in recognition of his service as Class Agent.

H. “Class Counsel” are all counsel of record, singly or collectively, who are

signatories to this Settlement Agreement on behalf of the Class and are signatories to demonstrate their consent to the payment(s) required by Sections 6 and 7 of this Settlement Agreement. They are as follows: John Mosby, 621 17th Street, Suite 2445, Denver CO 80293; Marilyn Cain Gordon, 7603 Georgia Avenue NW, Suite 304, Washington DC 20012; Elisa Moran, 8451 East Oregon Place, Denver, CO 80231; and John W. Davis, 1629 K. Street, NW, Suite 300, Washington, DC 20006.

I. “Class Fund” is the money that shall be distributed to Eligible Class Members

through payment of Settlement Awards, Service Awards, and the Class Agent Award. It shall total $17.25 million ($17,250,000.00) less EEOC approved attorneys’ fees, costs and expenses, and Class Administrator costs.

J. “Class Period” begins March 24, 2000 and continues through December 31, 2012.

K. “Distribution Plan” is the plan approved by the EEOC to distribute Settlement

Awards, Service Awards, and the Class Agent Award to Eligible Class Members, as set forth in Sections 6 and 7 of this Settlement Agreement.

L. “EEOC” is the Equal Employment Opportunity Commission.

M. “EEOC OFO” is the Equal Employment Opportunity Commission’s Office of

Federal Operations. N. “Effective Date of the Settlement Agreement” is the date, pursuant to Section

3(G)(i), upon which the Settlement Agreement becomes effective if it is not voided. When this Settlement Agreement refers to the date on which the Settlement Agreement becomes “Effective,” such date is the Effective Date of the Settlement Agreement.

O. “Eligible Class Member” is any Potential Class Member who submits a timely

Claim Form and Release and is determined, in accordance with the terms of the Settlement Agreement, to be eligible to receive compensation.

P. “Final Approval Date” is the date upon which the EEOC Administrative Judge

enters an Order Granting Final Approval of the Settlement Agreement.

Q. “Final Approval of the Settlement Agreement” is the EEOC Administrative Judge’s written decision that the resolution, as reflected in the Settlement Agreement, is fair, adequate, and reasonable, pursuant to the provisions of 29 C.F.R. 1614.204(g)(4).

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R. “McConnell Class Action” refers to the national class certified by the EEOC OFO

on January 14, 2010, EEOC Case No. 520-2008-0053X; 520-2010-00280X, as modified by Commission Order of May 31, 2012. According to the Order of May 31, 2012, the class consists of “all permanent rehabilitation employees and limited duty employees at the Agency who have been the subjected to the National Reassessment Process from May 5, 2006 through and including July 1, 2011 allegedly in violation of the Rehabilitation Act of 1973.” The EEOC OFO decision upholding certification of the McConnell Class Action is attached hereto as Exhibit G. The May 31, 2012 decision of the EEOC Administrative Judge setting the end date for the McConnell Class Action is attached hereto as Exhibit H.

S. “National Reassessment Process (NRP)” was a national program that gathered

information about current medical restrictions of USPS Permanent Rehabilitation and Limited Duty Employees and compared it with operationally necessary work available within a local commuting area. The NRP was implemented by USPS from its headquarters to all USPS Districts in two phases. Phase I of the NRP involved the gathering of names and current medical information of these employees and the creation of “NRP files” or “shadow files.” In Phase 2 of the NRP, USPS management determined whether there was operationally necessary work available for these employees within a local commuting area. If the USPS determined in Phase 2 that there was insufficient necessary work available within an employee’s medical restrictions, the employee was placed in a full day or partial day “no work available” status. The NRP Phase 2 was implemented on a rolling basis by District. The start date of NRP Phase 2 for each USPS District is identified in Exhibit I. The NRP ended for all Districts on or before July 1, 2011. The NRP phases are addressed in the EEOC OFO decision, Exhibit H, and the EEOC Administrative Judge Order of May 31, 2012, Exhibit G.

T. “Notice of Final Agency Action” is the Notice from the USPS to Potential Class

Members regarding the USPS’ final action with respect to Final Approval of the Settlement Agreement. The Notice of Final Agency Action is attached hereto as Exhibit F.

U. “Notice of Resolution” is the written notification sent to all Potential Class

Members pursuant to Section 5(A) of this Settlement Agreement. The Notice of Resolution shall include both the Notice of Resolution attached hereto as Exhibit A and the Addendum to the Notice of Resolution attached hereto as Exhibit J. Said “Notice of Resolution” is sent by the Class Administrator and summarizes the Settlement Agreement and states that the EEOC Administrative Judge has given Preliminary Approval to the settlement and informs class member of their right to object to the Settlement Agreement.

V. “Party” or “Parties” is the USPS and the Class Agent, who represents the

Potential Class Members.

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W. “Permanent Rehabilitation Employee,” for purposes of this Settlement Agreement

only, includes any current or former USPS employee whose USPS employment records reflect that they have an Office of Workers’ Compensation Programs accepted claim arising from a workplace injury, they reached maximum medical improvement, and they participated in the USPS Injury Compensation Program, including employees whose Postal Service employment records reflect an employee status code of LDC 69 and/or an employee status code of RC and/or RD.

X. “Potential Class Member” is any of the 40,898 current or former USPS employees

whose names are contained on the class list provided by the Postal Service to the Class Administrator.

Y. “Preliminary Approval Date” is the date upon which the assigned EEOC

Administrative Judge issues an Order Granting Preliminary Approval of the Settlement Agreement.

Z. “Preliminary Approval of the Settlement Agreement” is the EEOC Administrative

Judge’s written preliminary decision that the resolution, as reflected in the Settlement Agreement, is fair, adequate, and reasonable pursuant to the provisions of 29 C.F.R. 1614.204(g)(4).

AA. “Service Award” is compensation in addition to the Settlement Award from the

Class Fund paid to Potential Class Members who actively participated in discovery and/or testified at the hearings held in this litigation on behalf of the Class, as set forth in Section 7(C) below and listed in Exhibit C.

BB. “Settlement Agreement” or “Agreement” is this Settlement Agreement. CC. “Settlement Award” is the per capita portion of the Class Fund calculated

pursuant to the Distribution Plan in Sections 6 and 7 that will be distributed to each Eligible Class Member who timely submits to the Class Administrator a Claim Form and Release.

DD. “Total Settlement Amount” is $17.25 million ($17,250,000.00), as described in

Section 3(B), which includes all settlement payments by the USPS, including attorneys’ fees and costs awarded to Class Counsel, all fees and costs paid to the Class Administrator, all Settlement Awards, all Service Awards, and the Class Agent Award.

EE. “Unclaimed Funds” are any Eligible Class Members’ Settlement Awards or

Service Awards that are not claimed because the Eligible Class Member does not cash a Settlement Award check or Service Award check within six (6) months of the date of its issuance.

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FF. “USPS” or “Agency” is the United States Postal Service, the Postmaster General in his or her official capacity, and/or any agents of the United States Postal Service.

3. GENERAL TERMS

A. Scope of the Settlement Agreement: This Settlement Agreement fully and finally resolves the Claims of the Potential Class Members regarding the Challenged Practice. Pursuant to the EEOC’s regulations, there is no right to “opt out” of this Class. See 29 C.F.R. § 1614.204(g)(4).

B. Total Settlement Amount: In full settlement of all Potential Class Members’ Claims, the Parties agree to a total settlement of $17.25 million ($17,250,000.00). The sum includes all funds for the Qualified Settlement Fund, including all Settlement Awards, Service Awards, and Class Agent Award, the costs for the Class Administrator, and all attorneys’ fees and costs awarded to Class Counsel.

C. Qualified Settlement Fund: The Class Administrator will establish a Qualified

Settlement Fund, consistent with the requirements of Treas. Reg. §1.468B-1(c), to disburse the payments required by this Settlement Agreement. Within two hundred seventy (270) calendar days of the Notice of Final Agency Action, the USPS will transfer the Total Settlement Amount, minus all attorneys’ fees and costs awarded to Class Counsel, into the Qualified Settlement Fund established by the Class Administrator, unless, pursuant to Section 6(A), an action or appeal is filed prior to the expiration of this two hundred seventy (270) calendar day period. The USPS will not be required to transfer any additional funds to the Qualified Settlement Fund.

D. Denial of Liability: The USPS expressly denies any wrongdoing or liability with

regard to the allegations contained in the Case. This Settlement Agreement and the payment of the Total Settlement Amount under the Settlement Agreement do not constitute an admission by either Party, as to the merits, validity, or accuracy, or lack thereof, of any of the allegations or Claims in the Case. This Settlement Agreement represents a compromise of disputed claims. It reflects the Parties’ recognition that further litigation of the Case would severely burden all concerned and would require an extraordinary commitment of time and resources. Furthermore, continued litigation of the Case would subject both the USPS and the Class to the risk of unfavorable determinations.

No part of this Settlement Agreement may be used by anyone in any proceeding of any kind as evidence of discrimination or as evidence of any violation of the Rehabilitation Act, the common law of any jurisdiction, or any other federal, state or local law, statute, ordinance, regulation, rule, or executive order, or any obligation or duty at law or in equity including, but not limited to, USPS policies and collective bargaining agreements. Similarly, none of the communications made concerning this Settlement Agreement, nor information and statements

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submitted during its negotiation, nor any action taken to implement it, may be used by anyone other than the Counsel who created or submitted such materials to establish a violation of any federal, state or local law, statute, ordinance, regulation, rule, or executive order, or any obligation or duty at law or in equity including USPS policies and collective bargaining agreements.

Documents, data, and information prepared for negotiations and exchanged by the Parties in connection with this Case may not be used in any manner by anyone other than the Counsel who created such documents, data or information, in this or in any other case, except that documents or information specifically relating to the intent of the Parties in crafting a particular provision in this Settlement Agreement may be used solely with respect to enforcement of that provision if a court or EEOC Administrative Judge determines that such use is necessary to resolve a fundamental dispute regarding the meaning of such provision.

In the event that Final Approval of this Settlement Agreement is not obtained or it is deemed null and void for any other reason, nothing herein shall be deemed to waive any of the Potential Class Members’ claims or the USPS’ objections and defenses, and neither this Settlement Agreement nor the Preliminary Approval or Final Approval hereof shall be admissible in any forum regarding any issue or subject of this Case.

E. Approval of Settlement Agreement as Written: It is an express condition of this

Settlement Agreement that the Settlement Agreement be approved by the EEOC Administrative Judge (and the EEOC OFO or federal district or appellate court judge, if any appeal is made) as written, except to the extent expressly provided otherwise in this Settlement Agreement. The Parties have bargained for the terms in this Settlement Agreement. Except as provided in Section 8(G)-(H) below, no section or subsection of this Settlement Agreement may be modified, and no section or subsection may be added to or deleted from this Settlement Agreement.

F. Interpretation of Settlement Agreement: This Settlement Agreement is a contract

and shall, upon issuance of the Final Approval of the Settlement Agreement by the EEOC Administrative Judge also constitute an order of the EEOC Administrative Judge.

G. Annulment and/or Stay:

i. Judicial or Administrative Annulment: This Settlement Agreement shall

be null and void in the event that: (1) the EEOC Administrative Judge fails to issue Preliminary or Final Approval of the Settlement Agreement; or (2) the EEOC OFO, the EEOC, or any federal court of competent jurisdiction finds that this Settlement Agreement is void or not enforceable.

Effective Date & Stay: In the event an appeal to the EEOC OFO of Final Approval is filed, by any Potential Class Member or any Potential Class

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Member files a complaint -- alleging class claims substantially similar to those covered by this Settlement Agreement or challenging the validity of this Settlement Agreement -- in federal district court, then the Effective Date of this Settlement Agreement will be postponed until the appeal or complaint is resolved, and the time for which further review, including appellate review, in any forum of competent jurisdiction as to the effectiveness of the Settlement Agreement has expired, such that the Effective Date will be thirty (30) calendar days after the expiration of the time for review in any forum of competent jurisdiction relating to any final order resolving the appeal or complaint mentioned above. If Counsel for the Parties agree that all appeal(s) and/or complaints do not implicate the validity of the Settlement, or if no appeals or complaints are filed, then the Effective Date will be one-hundred (100) calendar days after the mailing of the Notice of Final Agency Action. During the pendency of any stay the USPS shall not be required to transfer the Class Fund to the Class Administrator, and the Class Administrator shall not issue any Settlement Award checks, Service Award checks or Class Agent Award from the Class Fund proceeds, until informed by the Parties in writing that the stay has been lifted.

ii. In the event of a Judicial or Administrative Annulment, as described in Section 3(G)(i) above, the Class and Class Counsel will refund all amounts paid by the USPS in settlement, except for any fees and costs actually paid to the Class Administrator, up to a maximum of $250,000, within thirty (30) calendar days of the date of the Judicial or Administrative Annulment.

H. Coordination With the Class Administrator: The Parties agree to cooperate with

each other to facilitate the implementation of this Settlement Agreement. The USPS and Class Counsel will assist the Class Administrator as needed to ensure that the notice and distribution processes described in Sections 5, 6, and 7 below are completed in an efficient manner. In performing all duties expressly assigned to the Class Administrator under this Settlement Agreement, and any other duties that are necessary to administer this Settlement Agreement, the Class Administrator shall act at the direction of Class Counsel.

I. Procedures Governing Approval of This Settlement Agreement: The following

procedures and dates shall govern the process by which the Parties will seek approval of this Settlement Agreement, unless the EEOC Administrative Judge specifies otherwise:

i. On or before October 15, 2013, the Parties shall approve and execute the

Settlement Agreement, including all exhibits. Further, on or before October 15, 2013, the Parties shall thereafter submit the executed Settlement Agreement including all exhibits to the assigned EEOC

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Administrative Judge and jointly request Preliminary Approval of the Settlement Agreement.

ii. Within ten (10) calendar days of the Preliminary Approval Date, the Class

Administrator will mail the Notice of Resolution to the Potential Class Members, as set forth in Section 5(A) below.

iii. In accordance with EEOC Regulation 29 C.F.R. § 1614.204(g)(4), the

Notice of Resolution will inform Potential Class Members that objections to the Settlement Agreement must be filed with the assigned EEOC Administrative Judge within thirty (30) calendar days of receipt of the Notice, absent good cause as determined by the assigned EEOC Administrative Judge. One copy of each objection must be mailed to the assigned EEOC Administrative Judge (presently Judge Mulligan) and one copy must be mailed to the Class Administrator who will promptly direct any objections to USPS Counsel and Class Counsel.

iv. The Parties have thirty (30) calendar days after the expiration of the

objection period to file briefs responding to any objections, or such time as determined by the assigned EEOC Administrative Judge.

4. RETURNING THE PARTIES TO STATUS QUO ANTE

A. Vacating the Walker Settlement Agreement: Upon the execution of the Pittman Settlement Agreement by all Parties and the Agency’s filing of the executed Pittman Settlement Agreement with the Commission, the Walker Settlement Agreement is automatically vacated and replaced by the Pittman Settlement Agreement, making the Walker Settlement Agreement, signed April 2013, null and void, in its entirety.

B. Pittman as Class Agent: Pursuant to Judge Mulligan’s September 4, 2013 Order,

and by joint request of the Parties, R.J. Pittman has replaced Edmond Walker as Class Agent for purposes of settlement. The Agency’s agreement to R.J. Pittman as Class Agent is for settlement purposes only.

C. Non-Recoverable Class Administration Costs Prior to June 13, 2013: Class

Counsel agrees to pay, out of its own pocket, all costs and fees incurred by the Class Administrator in the administration of the vacated Walker Settlement Agreement, including the costs incurred in mailing the Walker Notice of Resolution.

D. No Fees or Costs to Class Counsel After June 13, 2013: Class Counsel agrees

that it will not seek to recover, and will not submit any request for approval of fees or costs to the EEOC or any other tribunal for fees or costs incurred by Class Counsel after June 13, 2013. The Parties agree that the Commission will police

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this issue within its authority to approve Class Counsel’s request for attorneys’ fees and costs.

E. No Fees or Costs Relating to Walker Bankruptcy or Abandonment: Class

Counsel will not seek to recover any costs or fees related to Edmond Walker’s bankruptcy, after April 26, 2010, including any costs or fees related to proceedings in the bankruptcy court or any payment to Walker’s Bankruptcy Trustee to secure any abandonment. The Parties agree that the Commission will police this issue within its authority to approve Class Counsel’s request for attorneys’ fees and costs.

F. Payment of Agency Costs and Fees by Class Counsel: Class Counsel agrees it

will pay the Agency, out of Class Counsel’s own pocket and without seeking to recover such amounts, for the Agency’s reasonable attorneys’ fees and costs incurred, after June 13, 2013, as a result of Mr. Walker’s undisclosed 2010 bankruptcy. The Parties will attempt to reach agreement on the amount. If the Parties reach agreement on attorneys’ fees and costs, or if agreement is not achieved, within fifteen (15) calendar days of the Final Approval Date, the Agency shall submit to the EEOC a request for its reasonable fees (using the lodestar method) and costs incurred as a result of Mr. Walker’s undisclosed bankruptcy. The Parties anticipate that the Agency’s reasonable fees will include all of the Agency’s attorneys’ fees incurred between July 13, 2013 and the Preliminary Approval Date, and may include fees incurred by the Agency as a result of Class member objections relating to Walker’s bankruptcy. However, the Parties recognize that there may be unforeseen issues that arise after the Preliminary Approval date that flow from Walker’s bankruptcy that would fall within this Section 4(F). Although Class Counsel can dispute the amount of fees and costs requested, and whether the Agency’s fees were a result of Walker’s bankruptcy, Class Counsel agrees that it will not dispute that some award is appropriate.

G. Within fifteen (15) calendar days of execution and filing of the Settlement

Agreement, Class Counsel will confirm to the Commission by providing a written statement from the third party entity(s) holding the funds, that the $1.25 million previously paid to Class Counsel by the Agency is available for the Pittman Settlement Agreement. Class Counsel agrees that, except for Class Administrator expenses incurred in the administration of the Pittman Settlement Agreement, the $1.25 million provided to Class Counsel by the Agency will not be spent or diminished until after the Final Approval Date.

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5. SETTLEMENT NOTICE AND ADMINISTRATION

A. Mailing of Notice of Resolution:

(i) The USPS has verified and updated the Potential Class Members’ addresses through the use of the National Change of Address database and provided the Class Administrator with an electronic spreadsheet of the Claim number, social security number, and last known address of each Potential Class Member. For retired Potential Class Members, the USPS obtained the most recent address information from the Office of Personnel Management (OPM). Class Counsel shall post on their website a change of address form Potential Class Members may use to submit any recent change of address. Any change of address information received through Class Counsel’s website will be forwarded by Class Counsel to the Class Administrator.

(ii) Within ten (10) calendar days of the Preliminary Approval Date, the Class Administrator shall, using the spreadsheets provided by USPS, OPM, and any updates received by the Class Administrator to date, mail the Notice of Resolution to all Potential Class Members.

To ensure that all Potential Class Members fully understand their rights

under this Settlement Agreement, Potential Class Members shall receive the Notice of Resolution, attached hereto as Exhibit A.

(iii) The Notice of Resolution will also inform Potential Class Members how

to file objections to the Settlement Agreement. Pursuant to the EEOC’s regulations, Potential Class Members will be informed that objections to the Settlement Agreement must be filed with the EEOC Administrative Judge within thirty (30) calendar days of receipt of the Notice of Resolution. 29 C.F.R. § 1614.204(g)(4). One copy of each objection must be mailed to the assigned Administrate Judge (currently Judge Mulligan) and one copy must be mailed to the Class Administrator who will direct any objections to USPS Counsel and Class Counsel. See Section 5(D) below. Objections received after the 30-day limitations period will be considered only with good cause as determined by the assigned EEOC Administrative Judge. Unless the EEOC Administrative Judge orders otherwise, the USPS and Class Counsel will have thirty (30) calendar days after the expiration of the objection period to file briefs responding to any objections to the Settlement Agreement prior to a ruling on the issue.

B. Re-mailing of Notice of Resolution: If the Notice of Resolution sent to any

Potential Class Member is returned undelivered within thirty (30) calendar days of the initial mailing, the Class Administrator will within fourteen (14) calendar days of return, make a single attempt to determine the Potential Class Member’s current address via a Social Security number search using credit bureau data, and

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then, if a more current address is located, the Class Administrator will re-mail the Notices of Resolution to that address. The Class Administrator shall on a weekly basis inform Class Counsel and USPS Counsel of any returned mail and its effort to re-mail Notice of Resolutions, including any determinations that no more current address can be located.

C. Tracking: The Class Administrator shall track the status of: (1) all mailings made

by the Class Administrator required by Sections 5 and 6; (2) date of receipt of any written objections filed by any Potential Class Members to the Settlement Agreement (Objections); (3) date of e-mailing of any Objections to Class Counsel and USPS Counsel; (4) the number of Claim Form and Releases received; and (5) payment of Settlement Awards to all Eligible Class Members, all Service Awards, and the Class Agent Award pursuant to Sections 6 and 7 below. The Class Administrator shall provide the Parties with the information listed in items 1-5 herein in an updated Excel workbook on a bi-weekly basis.

D. Notification of Objections: The Class Administrator shall send via e-mail to

USPS Counsel and Class Counsel, scanned copies of all objections to the Settlement Agreement filed by Potential Class Members with the Class Administrator. The Class Administrator shall send these materials within three (3) calendar days of receipt of each objection by the Class Administrator. As specified in Exhibit A, all objections must also be sent directly to the assigned EEOC Administrative Judge by the Potential Class Member. See 3(I)(iii) above.

E. Mailing of Notice of Final Agency Action: Within fourteen (14) calendar days of

the Final Approval Date, or as soon as is practicable, the USPS will mail the Notice of Final Agency Action to all Potential Class Members at the address where the Class Administrator mailed (or re-mailed) the Notice of Resolution, unless the Class Administrator has received a change of address form for a Potential Class Member, in which case the Notice of Final Agency Action will be sent to that address. The Class Administrator shall timely provide the Agency with updated mailing information with current addresses for Potential Class Members to enable the Agency to timely mail the Notice of Final Agency Action. Also within fourteen (14) calendar days of the Final Approval Date, or as soon as is practicable, the USPS will mail the Final Approval of the Settlement Agreement to the Class Agent and any individual who filed a timely objection to the Settlement Agreement. Exhibit F.

F. Mailing of Claim Form and Release: Within fourteen (14) calendar days of the

Final Approval, or as soon as practicable, the USPS shall mail the Claim Form and Release along with the Notice of Final Agency Action to all Potential Class Members at the address where the Class Administrator mailed (or re-mailed) the Notice of Resolution, unless the Class Administrator has received a change of address form for a Potential Class Member, in which case the Notice of Final Agency Action will be sent to that address. The Class Administrator shall timely provide the Agency with updated mailing information with current addresses for

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Potential Class Members to enable the Agency to timely mail the Claim Form and Release. The Claim Form and Release is attached hereto as Exhibit B. The Parties shall split the cost of the USPS’ mailing of the Notice of Final Agency Action and Claim Form and Release.

G. The Claim Form and Release will inform Potential Class Members that they have

forty-five (45) calendar days from the date of mailing by the USPS (not receipt) to submit their completed Claim Form and Release to the Class Administrator. The date of the Potential Class Member’s return of a Claim Form and Release to the Class Administrator (Return Date) shall be determined by a postmark on the return envelope, or similar date if sent by other means. In the absence of a legible postmark, the Return Date shall be presumed to be five (5) calendar days prior to the date of receipt by the Class Administrator. All Claim Form and Releases postmarked more than forty-five (45) calendar days after the initial mailing (or re-mailing, if any) will be rejected as untimely. In the absence of a legible postmark, the Class Administrator’s determination of which individuals have submitted timely Claim Forms shall be final and unreviewable. Good cause for filing a late Claim Form and Release shall include that the individual filed a timely appeal of the Final Approval to the EEOC OFO. No Claim Form and Release will be accepted as timely after the Effective Date, except that Eligible Class Members, who file timely appeals of the Final Approval to the EEOC OFO, can file Claim Form and Releases postmarked within ten (10) calendar days of the issuance of an EEOC OFO Decision disposing of the appeal. See Section 3(G) above.

H. Re-mailing of Claim Form and Release: If the Claim Form and Release sent to

any Potential Class Member is returned undelivered within forty-five (45) calendar days of the initial mailing, the Class Administrator will within fourteen (14) calendar days of return, make a single attempt to determine the Potential Class Member’s current address via a Social Security number search using credit bureau data, and then, if a more current address is located, the Class Administrator will re-mail the Claim Form and Release to that address. The Class Administrator shall on a weekly basis inform Class Counsel and USPS Counsel of any returned mail and its effort to re-mail Claim Form and Releases, including any determinations that no more current address can be located.

I. Establishing a Toll Free Telephone Number and Website: Within fifteen (15) calendar days of the Preliminary Approval Date, or as soon as practicable, Class Counsel shall establish a toll free telephone number for Potential Class Members to contact the Class Counsel, and shall establish and publish a website (Class website) to provide information about the Settlement Agreement to Potential Class Members, including posting the Settlement Agreement, Notice of Resolution, Final Approval of the Settlement Agreement, and Notice of Final Agency Action, until six (6) months after all Settlement Award checks, and Service Award checks, have been mailed. Class Counsel will post the Final Approval of the Settlement Agreement and Notice of Final Agency Action on the website within five (5) calendar days after the mailing the Notice of Final Agency

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Action to the Potential Class Members. Class Counsel will not post the Claim Form and Release on the website. The Class’ website will explicitly notify Potential Class Members NOT to contact the EEOC for additional information.

Within fifteen (15) calendar days of the Preliminary Approval Date, or as soon as

practicable, the USPS shall post on two websites – www.liteblue.usps and www.keepingposted.org - a copy of the Notice of Resolution for a period of thirty (30) calendar days. The Notice of Resolution shall: (1) notify Potential Class Members of the Commission’s Preliminary Approval of a Settlement; (2) direct Potential Class Members to the Class’ website and telephone number for additional information; and (3) instruct Potential Class Members NOT to contact the EEOC for additional information.

The Parties authorize the Commission to post on its website information: (1)

notifying Potential Class Members of the EEOC’s Preliminary Approval of a Settlement; (2) notifying Potential Class Members of the Commission’s Final Approval of the Settlement Agreement; (3) directing Potential Class Members to the Class’ website and telephone number for additional information; and (4) instructing Potential Class Members NOT to contact the EEOC for additional information.

6. CLAIMS PROCESS & DISTRIBUTION PLAN

A. Transfer of Class Fund: The USPS shall transfer the Class Fund to the Class Administrator within two hundred seventy (270) calendar days of the date of the Notice of Final Agency Action, unless prior to the expiration of this two hundred seventy (270) day period, an action is filed in federal court or an appeal is filed with the EEOC OFO challenging the Settlement as it applies to the Class (as opposed to an individual). In the event such an appeal or action is filed, the USPS shall not be obligated to transfer the Class Fund to the Class Administrator until the action or appeal is resolved or the Parties agree otherwise, in writing.

B. Submission of Claim Forms: As set forth in Section 5(F) and 5(G), each Potential

Class Member on the class list will be sent a Claim Form and Release from the USPS after Final Approval Date. To receive a Settlement Share, a Potential Class Member must mail an executed Claim Form and Release to the Class Administrator, postmarked within forty-five (45) calendar days of the date the Claim Form and Release was mailed by the USPS. The Class Administrator’s determination of which individuals have submitted timely Claim Form and Releases shall be final and unreviewable. Submission of Claim Form and Releases after the above-specified deadline will be accepted as timely by the Class Administrator if the Eligible Class Member filed a timely appeal of the Final Approval to the EEOC OFO. No Claim Form will be accepted as timely after the Effective Date, except that Eligible Class Members, who file timely appeals of the Final Approval to the EEOC OFO, can file Claim Form and

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Releases postmarked within ten (10) calendar days of the issuance of an EEOC OFO Decision disposing of the appeal. See Section 3(G) above.

C. Alternative Means of Receiving a Claim Form: Any Potential Class Member who

does not receive a Claim Form and Release can obtain a Claim Form and Release by contacting the Class Administrator. If that person is in fact a person identified among the 40,898 Potential Class Members, they will be allowed to submit a Claim Form and Release, which must be mailed to the Class Administrator, postmarked within forty-five (45) calendar days of the date the Claim Form and Release was mailed or re-mailed to them by the USPS or the Class Administrator.

D. Update of Electronic Personnel Data by USPS: Within sixty (60) calendar days

of the Preliminary Approval Date, the USPS shall provide Class Counsel with updated electronic personnel data (Form 50 Data) for all Potential Class Members (40,898) as was previously provided to Class Counsel, including the last production on or about December 27, 2011. Within 10 calendar days of receipt of the electronic Form 50 personnel data from the USPS, Class Counsel shall notify Agency Counsel of any issues it has with the agreed upon data provided. The absence of timely notice of issues with the provided electronic Form 50 data constitutes the Class’ agreement that the USPS satisfied its obligation on this issue. If the Class timely notifies the USPS of issues it has with the provided electronic Form 50 data, it shall do so with specificity. In that event, the USPS agrees that it shall make a reasonable effort to expeditiously resolve the issues timely identified by the Class regarding the provided electronic personnel (Form 50) data. The USPS is not obligated to generate new data or secure data from other sources, including but not limited to, USPS Injury Compensation and medical records, to supplement existing Form 50 data transferred to the Class because of the absence of information therein sought by the Class. Except for reasonable efforts to resolve electronic Form 50 data issues timely identified by the Class as provided herein, the Agency has no continuing obligation to address issues with the provided electronic Form 50 data subsequently identified by the Class, or to provide additional electronic data or other personnel information to the Class.

E. Determination of the Per Capita Settlement Award: The Settlement Awards for

each Eligible Class Member shall be determined in the following manner:

i. Only Potential Class Members who affirmatively allege that their overtime hours or their work/duty hours were restricted during the Class Period while working as a Permanent Rehabilitation Employee and who timely return their Claim Form and Release (Eligible Class Members) shall be entitled to a share of the Class Fund.

ii. For Eligible Class Members, one point shall be awarded for each full calendar year worked as a Permanent Rehabilitation Employee between March 24, 2000 and December 31, 2012, except .75 point shall be

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awarded for the period March 24, through December 31, 2000. Partial years of service maybe pro-rated for the number of months worked. Points awarded shall be based on the information provided in the Claim Form and Release. No points shall be awarded for a decrease in duty hours resulting directly from the Agency’s placement of a Potential Class Member into a new assignment/position with fewer hours or a decision to send a Potential Class Member home in whole or in part for no work available, pursuant to Phase 2 of the NRP.

iii. Class Counsel reserves the right to verify any information in the Claim

Form and Release with any personnel data provided to Class Counsel by the Agency during the course of this litigation. The Agency will not be required to provide any additional information or documentation, other than one update of the USPS Form 50 data provided previously, pursuant to Section 6(D) herein. If Class Counsel has questions, they may contact any Potential Class Member to verify eligibility. Class Counsel may also request additional information or documentation from the Potential Class Member to explain any discrepancies between the information provided in the Claim Form and Release and any personnel data in Class Counsel’s possession.

iv. Eligible Class Members who timely return a Claim Form and Release

affirmatively alleging that their overtime hours or their work/duty hours were restricted during the Class Period while working as a Permanent Rehabilitation Employee (Eligible Class Members) shall be awarded a minimum of one (1) point.

v. Each Eligible Class Member’s Settlement Award shall be the ratio

between his/her points and the total points awarded to Eligible Class Members.

vi. Each Class Member’s Settlement Award shall then be determined by

multiplying his/her share against the total amount of the Class Fund, minus any Service Awards. Class Counsel’s statistical expert shall calculate each Eligible Class Member’s Settlement share and Award.

vii. Eligible Class Members have no right to appeal or contest Settlement

Award determinations. viii. The USPS shall have no right to object or contest any Claim, Eligible

Class Member’s Settlement Award Determination or the share determination process.

F. Mailing of Settlement Awards and Service Awards: Unless the Settlement

Agreement is voided or stayed pursuant to Section 3(G) above or for any other reason, and except as provided below, within three hundred (300) days of the

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date of the Notice of Final Agency Action, or as soon thereafter as is practicable, the Class Administrator will transmit:

i. A Settlement Award check via First Class Mail to each Eligible Class

Member, who is entitled to receive a Settlement Award. The Settlement Award check shall be in the amount calculated in Section 6(E) above;

ii. A Service Award check via First Class Mail to each Potential Class Member who actively participated in discovery or provided hearing testimony in this Case, as listed in Exhibit C in the amount set forth in Section 7(C) below; and

iii. The Settlement Award checks, Service Award checks, and Class Agent

Award check shall each state that such checks must be cashed or deposited within six (6) months of the initial date such checks were mailed and that by cashing the check, the Eligible Class Member releases any claims that could have been asserted in this Case. Each Settlement Award check, Service Award check, and Class Agent Award check shall include a 1099-MISC form provided by the Class Administrator. The Class Administrator shall track all checks mailed to Eligible Class Members as provided for in this section. Any individual who fails to file timely, fully executed Claim Form and Release and will forfeit his or her right to a Settlement Award and/or a Service Award.

G. Receiving Awards: To receive his or her Settlement Award, Service Award, or

Class Agent Award as set forth in Sections 6 and 7, each Eligible Class Member must either deposit or cash the check(s) within six (6) months of the initial date such check was mailed. Checks not cashed within six (6) months will not be re-issued and the individual thereafter forfeits any right to receive any settlement share.

H. Deceased Eligible Class Members: If a Potential Class Member is deceased, his

or her estate may obtain a Settlement Award and/or a Service Award by submitting a Claim Form and Release under the same terms in Section 6(B) above, except that his or her estate must also execute and mail to the Class Administrator a Form SF 1153, attached hereto as Exhibit D, within the time frames set forth in Sections 6(B) and (C) above. Class Counsel will post a copy of the Form SF 1153 on the class action website.

I. Remailing: The addresses of Eligible Class Members whose Settlement Award

checks or Service Award checks are returned shall, within fourteen (14) calendar days of return, be traced by the Class Administrator, and, if a valid address is determined, each Settlement Award check or Service Award check shall be reissued and re-mailed once by the Class Administrator. The Class Administrator shall track all re-mailings provided for in this section.

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J. Reporting: The Class Administrator shall provide three (3) reports to Class Counsel and USPS Counsel identifying the name and Class Claim Number for each Eligible Class Member, including Class Agent, who was issued a Settlement Award or Service Award check but who has not cashed his or her check. The Class Administrator shall issue the Report every three (3) months, commencing three (3) months after the mailing of Settlement Award checks, provided in Section 6(F)-(I) above, and ending nine (9) months after the mailing of Settlement Award checks.

K. Disposition of Any Unclaimed Funds or Otherwise Remaining Funds: In the

event that (1) there are Unclaimed Funds or (2) any other funds remain in the Qualified Settlement Account, such funds shall first pay for any settlement administration costs performed by the Class Administrator that exceed $250,000, and second any such funds that remain shall be contributed as a cy pres distribution to an endowed scholarship fund for students with disabilities at Hampton University, Hampton, Virginia. The Class Administrator shall issue a final accounting to the Parties nine (9) months after mailing of all Settlement Award checks.

L. Class Administrator’s Duties: Consistent with the terms above, the Class

Administrator will undertake the following to administer this Settlement Agreement:

(i) Print and mail the Notice of Resolution, see Section 5(A)(ii) above and, as warranted, a Form SF 1153 where a Potential Class Member is deceased; (ii) Undertake a single trace and re-mailing for all undeliverable Notices of Resolution, see Section 5(B), (C) above; (iii) Provide copies of all written objections to the Settlement Agreement to Counsel for the Parties, see Section 5(D) above; (iv) Undertake a single trace and re-mailing for all undeliverable Claim Form and Release, see Section 5(H) above; (v) Receive requests from Potential Class Member and determine whether they are on the class list and provide said individual(s) with the Claim Form and Releases, see Sections 6(B), (C), (D), and (E) above; (vi) Establish a QSF, with all interest accruing to the Class, see Section 3(G) above; (vii) Track the status of mailing and re-mailing of Notices and Claim Form and Releases and checks, date of receipt of written objections filed by any Potential Class Members to the Settlement Agreement, date of mailing of any objections to Class Counsel and the USPS, and payment of all Settlement Award checks and Service Award checks, see Section 5(C) above; (viii) Provide bi-weekly reporting to Counsel for the Parties regarding the items in (vii) above, see Section 5(C) above;

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(ix) Mail Settlement Award checks, Service Awards checks, Class Agent Award check, and 1099-MISC forms, see Section 6(F) above; (x) Undertake a single trace and remailing of any undeliverable checks, see Section 6(I) above; (xi) Transfer Unclaimed or Otherwise Remaining Funds to Class Counsel nine (9) months after mailing of all Settlement checks, see Section 6(K) above; and (xii) Create and retain sufficient records to verify that the Class Administrator performed its assigned duties.

7. ATTORNEYS’ FEES & COSTS, SERVICE AWARDS FOR CLASS AGENT & OTHER CLASS MEMBERS WHO ACTIVELY PARTICIPATED IN DISCOVERY

A. Payment of Attorneys’ Fees and Costs: The USPS agrees to pay Class Counsel

approved attorneys’ fees and costs in this action. All such payments are part of the Total Settlement Amount.

i. The USPS paid Class Counsel $1.25 million ($1,250,000.00) as an

advance on the attorneys’ fees and costs in the action, out of which Class Counsel will pay the Class Administrator, with the balance as the initial installment of attorneys’ fees and costs to date. The USPS shall issue a Form 1099 to Class Counsel for the $1.25 million payment. In the event settlement is voided for any reason, or in the event the EEOC approves attorneys’ fees and costs in an amount below $1 million ($1,000,000), or attorneys’ fees and costs below $1 million ($1,000,000) are awarded, Class Counsel shall, within thirty (30) calendar days of the date the settlement is voided or an award for attorneys’ fees and costs below $1 million is ordered, return the attorneys’ fees to USPS, but not the actual costs paid to the Class Administrator, up to a maximum of $250,000.

ii. Except as stated in Section 7(A)(iii) below, within three hundred sixty five

(365) calendar days after the date of the Notice of Final Agency Action, the USPS shall pay to Class Counsel the balance of Class Counsels’ attorneys’ fees and costs, as approved by the Administrative Judge. The USPS shall issue a Form 1099 to Class Counsel for this payment. All payments to Class Counsel are paid out of the Total Settlement Amount and not in addition thereto.

iii. In the event that the Effective Date of the Settlement Agreement is stayed

pursuant to Section 3(G)(ii) above, the USPS shall not transfer the balance of Class Counsel’s attorneys’ fees and costs, as approved by the EEOC Administrative Judge, to Class Counsel until the Effective Date of the Settlement Agreement, unless the Parties agree in writing otherwise.

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iv. USPS agrees that it will not oppose an award of attorneys’ fees that does not exceed 25% of the Total Settlement Amount or $4.3125 million ($4,312,500.00). In addition, the USPS shall not oppose an award of out of pocket recoverable costs that does not exceed $750,000, provided that Class Counsel submits an acceptable written accounting of their recoverable costs, including a breakdown of the nature and amount for all costs, to the EEOC Administrative Judge and counsel for the USPS within thirty (30) calendar days of the date of the Preliminary Approval Date.

B. Class Agent Award: In recognition of the added responsibilities borne by R.J.

Pittman, as Class Agent, the Parties recommend that, subject to the approval of the EEOC Administrative Judge, Pittman shall receive a Class Agent Award of $7,500. This sum shall be full compensation for his role as a Class Agent and in consideration of a full release of all claims he may have against the USPS. See Exhibit E. Mr. Pittman must sign the release (Exhibit E) no later than five (5) calendar days following Final Approval of the Settlement Agreement. Mr. Pittman shall also be entitled to a receive a Settlement Award pursuant to Section 6 above if he files a timely, fully executed Claim Form and Release. If Mr. Pittman declines to timely execute a full release of all claims he may have against USPS (Exhibit E), Complainant will receive a Settlement Award pursuant to Section 6 above if he files a timely, fully executed Claim Form and Release.

C. Service Awards for Active Participation of Potential Class Members: In

recognition of the service of Potential Class Members who actively participated in discovery and/or testified at the hearing in this litigation on behalf of the Class, the Parties recommend that subject to the approval of the EEOC Administrative Judge, each Potential Class Member who actively participated in discovery and/or testified at hearing in this litigation shall receive a Service Award of $2,500, in addition to any Settlement Award he or she receives pursuant to the Distribution Plan in Section 6 above, and shall be mailed such Service Award within three hundred (300) days of the Notice of Final Agency Action, if they file timely, fully executed Claim Form and Releases. Exhibit C is a list of individuals who actively participated in this litigation and should receive a $2,500 Service Award. These Service Awards are to be paid from the Class Fund.

8. APPLICABLE CONTRACT PRINCIPLES A. Dispute over Effectuation of Settlement Agreement: In the event there is a

material dispute as to the effectuation of this Settlement Agreement, either party may apply to the assigned EEOC Administrative Judge for a ruling on the proper interpretation and implementation of the Settlement Agreement

B. Counterparts: This Settlement Agreement may be executed in one or more

counterparts, and each executed copy shall be deemed an original, which shall be binding upon all Parties to this Settlement Agreement.

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C. Headings: The headings in this Settlement Agreement are for the convenience of the Parties only, and shall not limit, expand, modify, amplify, or aid in the interpretation or construction of this Settlement Agreement.

D. Entire Agreement: This Settlement Agreement, including Exhibits, comprises the

full and exclusive agreement and understanding of the Parties with respect to this Settlement Agreement, and supersedes all prior written or oral agreements (including, without limitation, any term sheet previously agreed to by the Parties). No representations or inducements to compromise this action have been made, other than those recited in this Settlement Agreement. This Settlement Agreement does not impose any obligations on the Parties beyond the terms and conditions stated herein.

E. No Waiver: The waiver by any Party of any term, condition, covenant, or

representation of this Settlement Agreement or the breach of any term, condition, covenant, or representation herein, in any one instance, shall not operate as, or be deemed to be a waiver of, the right to enforce any other term, condition, covenant, or representation. The failure by any Party at any time to enforce, or require performance of, any provision of this Settlement Agreement shall not operate as a waiver of, or limit such Party’s right at a later time to enforce or require performance of such provisions or of any other provisions of this Settlement Agreement, subject to the limits of EEOC’s jurisdiction. In the event that Final Approval of this Settlement Agreement is not obtained or it is deemed null and void for any other reason, nothing herein shall be deemed to waive any of the Potential Class Members’ claims or the USPS’ objections and defenses, and neither this Settlement Agreement nor the Preliminary Approval or Final Approval of this Settlement Agreement shall be admissible in any court regarding any issue or subject of this Case, except to enforce the Settlement Agreement.

F. Notice to Parties: Whenever this Settlement Agreement provides for notice to be

given to the Parties, such notice shall be served on the Parties as follows:

Notice To The Class Shall Be Sent By Mail and E-Mail To: John Mosby, Esq. 621 17th Street, Suite 2445 Denver, CO 80293 john_mosby@msn.com Marilyn Cain Gordon, Esq. 7603 Georgia Avenue, NW Suite 304 Washington, DC 20012 m.cain.gordon@msn.com

Notice To the USPS Shall Be Sent By Mail and E-Mail To: David Ellis, Esq.

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United States Postal Service 475 L’Enfant Plaza, SW, Room 6238 Washington, DC 20260-1127 david.b.ellis@usps.gov

Carl C. Bosland, Esq. 600 17th St., Suite 1705-S Denver, CO 80202-5402 carl.c.bosland@usps.gov

G. Modifications: Except as provided in Section 8(H), this Settlement Agreement may not be amended or modified except with the express, prior written consent of the USPS and Class Counsel and the approval of the EEOC Administrative Judge.

H. Modifications by Agreement: The Parties may modify, by joint written

agreement, the sequences and timing of the notice and payment processes outlined in Sections 5, 6 and 7, above, to effectively deal with issues that may arise under this Settlement Agreement (i.e., unforeseen circumstances, etc.) up to thirty (30) calendar days without Commission approval. The Parties will notify the Commission where such an extension agreement is reached and will address how notice of the extension will be publicized to the Class. The Parties must seek prior approval from the Commission for extension requests, whether an individual request or a series of requests, exceed thirty (30) calendar days.

I. Binding Agreement: This Settlement Agreement is binding on all Parties and

their successors, assigns, representatives, and trustees.

J. Computation of Time: References in this Settlement Agreement to time and mailing shall be construed in the following manner.

i. Calendar Days: Unless stated otherwise, all time periods in this

Settlement Agreement that are stated in terms of days are calendar days.

ii. Verification of Timely Mailing: Unless otherwise specified in this Settlement Agreement, a document shall be deemed timely if it is received, postmarked, or bears a similar verification of delivery before the expiration of the applicable period, or in the absence of a legible postmark, if it is received by mail within five (5) days of the expiration of the applicable period.

iii. Calculation of Time: The first day counted shall be the day after the event

from which the time period begins to run and the last day of the period shall be included, unless it falls on a Saturday, Sunday, or Federal holiday, in which case the period shall be extended to include the next business day.

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EXHIBIT A This is not a solicitation from a lawyer. Important Legal Notice – Please read carefully

NOTICE OF RESOLUTION AND PRELIMINARY APPROVAL –

SETTLEMENT OF CLAIMS FOR ALLEGED RESTRICTION OF WORK HOURS

AGAINST THE UNITED STATES POSTAL SERVICE BY PERMANENT

REHABILITATION EMPLOYEES

DATE: _____________, 2013

If you suffered a job related injury or illness and reached maximum medical improvement (MMI) and/or were provided a permanent rehabilitation

assignment at the U.S. Postal Service between March 24, 2000 and December 31, 2012, your rights may be affected by a Settlement of all claims in Pittman v.

Donahoe.

• The Settlement Agreement resolves all claims of Potential Class Members in the Administrative Class Complaint known as Pittman v. Donahoe, EEOC Case No. 541-2008-00188X (formerly Walker v. Donahoe), before the Equal Employment Opportunity Commission (EEOC).

• The Assigned EEOC Administrative Judge Kathleen Mulligan (Judge Mulligan) issued an Order Granting

Preliminary Approval of the Settlement Agreement on __________________________, 201__.

• The class complaint in this case alleges the United States Postal Service (USPS) violated the Rehabilitation Act of 1973, 29 U.S.C. §§ 791 et seq., as amended (Rehabilitation Act) by restricting the duty hours of employees with disabilities in permanent rehabilitation positions or assignments during some portion of the time beginning March 24, 2000 through December 31, 2012 (the Class Period).

• Individuals who worked as a Permanent Rehabilitation Employee between March 24, 2000 and December 31, 2012

are potentially eligible to receive compensation. A Permanent Rehabilitation Employee, for purposes of this Settlement Agreement, is any current or former USPS employee whose USPS employment records reflect that they have an Office of Workers’ Compensation Programs accepted claim arising from a workplace injury, they reached maximum medical improvement, and they participated in the USPS Injury Compensation Program.

• According to USPS records, you were listed as a Potential Class Member and may be eligible to receive

monetary compensation under the Settlement. If the EEOC grants final approval of the Settlement Agreement you will be sent a Claim Form and Release. To receive your share of the Settlement, you must return the Claim Form and Release to the Class Administrator, an independent third party retained to administer the Settlement, at an address you will be provided.

• Your rights will be affected whether you act, or don’t act. Read this Notice of Resolution carefully.

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YOUR LEGAL RIGHTS AND OPTIONS IN THE SETTLEMENT NOW RETURN THE CLAIM FORM AND

RELEASE

USPS records show that you are a Potential Class Member and may be eligible to receive compensation as part of the Settlement. If the EEOC grants final approval of the Settlement Agreement, you will be provided a Claim Form and Release with directions for submitting a claim. To receive your share of the Settlement, you must timely mail a signed Claim Form and Release to the Class Administrator as directed.

DO NOTHING

If you do nothing, you will not receive any compensation under the Settlement, and the Administrative Judge will decide whether the Settlement is fair without your input.

OBJECT

Write to the EEOC Administrative Judge about why you believe the Settlement is objectionable, postmarked by _____________________, 201__.

• These rights and options—and the deadlines to exercise them—are explained in this Notice of Resolution. • The Settlement Agreement must receive Final Approval by Judge Mulligan in order to go forward. If approved, you

will receive a Claim Form and Release with submission instructions. Please be patient if you return a Claim Form and Release for a share of the Settlement. Settlement Award checks will not be mailed out until three hundred (300) days or longer after the Notice of Final Agency Action and Claim Form and Releases are issued, depending on whether an appeal or federal court complaint is filed that challenges the validity of the Settlement.

BASIC INFORMATION

1. Why did I get this notice package?

You are receiving this Notice of Resolution because you were identified by the USPS as a Potential Class Member in the EEOC case known as Pittman v. Donahoe pending before Judge Mulligan. The Settlement Agreement resolves all Potential Class Members’ claims regarding the Challenged Practice in this case. The Challenged Practice in this case is that the USPS allegedly restricted the duty hours of disabled Permanent Rehabilitation Employees in violation of the Rehabilitation Act, between March 24, 2000 and December 31, 2012. On _______________, 201__, Judge Mulligan issued an Order Granting Preliminary Approval of the Settlement Agreement, but the Settlement will not be final and effective until the EEOC Administrative Judge grants Final Approval, the Agency issues its Notice of Final Agency Action, and all related actions and appeals have been resolved. This Notice of Resolution describes the Settlement Agreement. Under the Settlement Agreement, each Potential Class Member may file a Claim Form and Release to receive compensation. According to the USPS’ records, you are a Potential Class Member who may be eligible to receive compensation under the Settlement. Your rights may be affected if final approval of the Settlement Agreement is granted by Judge Mulligan. This is your only time to submit any objections you may have to the terms of the Settlement Agreement. If you want to object to the Settlement, your written objections must be mailed within thirty (30) days of receipt of this Notice of Resolution. If Judge Mulligan issues an Order granting final approval of the Settlement Agreement, you will be sent a Claim Form and Release asking you for information to establish your entitlement to monetary relief. To receive monetary compensation under the Settlement Agreement, you must timely submit a complete and signed Claim Form and Release to an address that will be provided postmarked within forty-five (45) calendar days of receipt of the Claim Form and Release. Within three hundred (300) days of the Notice of Final Agency Action, the Class Administrator will mail Settlement Award checks to individuals who are eligible to receive a share of the Settlement and who have submitted a timely Claim Form and Release — this will take up to a year or longer.

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This Notice of Resolution explains the Settlement Agreement and your legal rights. Additional information, including the Settlement Agreement, can be found at www.Pittmanclass.com. You may also call 1-800-280-8301 toll free, or send a facsimile to 303-927-3860 to speak with Class Counsel. DO NOT CONTACT THE EEOC for additional information regarding this Case.

2. What is this administrative action about?

Complainants allege that for a number of years the USPS violated the Rehabilitation Act by restricting the duty hours of disabled Permanent Rehabilitation Employees beginning March 24, 2000. In 2005, the EEOC certified the class complaint in this Case (the Class Complaint). The EEOC defined the class as follows:

All permanent rehabilitation employees whose duty hours have been restricted, from March 24, 2000, to the present, allegedly in violation of the Rehabilitation Act of 1973. For purposes of this litigation, permanent rehabilitation employee includes any rehabilitation program employee whose USPS employment records reflect an employee status code of LDC 69 and/or an employee status code of RC and/or RD.

In 2008, the EEOC’s Office of Federal Operations (EEOC OFO) affirmed the certification of the “class comprised of individuals with disabilities in permanent rehabilitation positions who had their duty hours restricted beginning on March 24, 2000.”

3. What claims are not included within the Class Complaint? The Class Complaint does not include work hour restriction claims, including denial of overtime, resulting from Phase 2 of the National Reassessment Process (NRP). These claims are the subject of a separate class action in McConnell v. Donahoe, EEOC No. 520-2010-00280X (McConnell Class Action). Any monetary award you receive as a result of this Settlement will not include duty hour restrictions resulting from Phase 2 of the NRP. Restriction of duty hour claims during the Class Period, including denial of overtime and “no work available” determinations of Permanent Rehabilitation Employees, occurring before and after Phase 2 of the NRP however, remain within the scope of the Class Complaint. Information regarding the McConnell Class Action may be found at http://www.nrpclassaction.com. DO NOT CONTACT THE EEOC for additional information regarding the McConnell Class Action. 4. Why is there a Settlement?

In this case, Class Counsel sought monetary relief to compensate disabled Permanent Rehabilitation Employees whose duty hours were restricted in violation of the Rehabilitation Act, as amended. As explained below, the Settlement Agreement achieves this goal. The Settlement Agreement provides substantial compensation to tens of thousands of Potential Class Members whose duty hours may have been restricted between March 24, 2000 and December 31, 2012, in violation of the Rehabilitation Act. Since 2000, this Class Claim has been litigated by the Parties in this case. The litigation included an extensive discovery process in which millions of pages of documents were produced by the USPS and reviewed by Class Counsel. The liability hearing in this matter was underway at the time Settlement was reached and the EEOC Administrative Judge and the Parties heard approximately six (6) weeks of witness testimony, including over a week of testimony from both sides’ expert witnesses. A total of four (4) expert witnesses and forty-five (45) fact witnesses, including over thirty (30) anecdotal Class witnesses and approximately fifteen (15) Agency management witnesses testified. Additionally, the Parties conducted a sampling exercise to analyze five hundred (500) randomly selected Potential Class Members in greater detail. According to USPS records, over the twelve (12) year class period, there are approximately 40,898 Potential Class Members. If this matter were to proceed through completion of the liability hearing and, if there were a finding of liability against the USPS, EEOC regulations require a claims process to determine each of the thousands of Potential Class Members’ monetary

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damages. It could take years, possibly decades, to fully resolve the tens of thousands of potential damage claims. Moreover, to obtain any damages, within 30 days of receiving notice each Potential Class Member would have to file an individual claim demonstrating that he or she was disabled as that term is defined under the Rehabilitation Act and that his or her rights were violated under the Rehabilitation Act. Each Potential Class Member would also have to demonstrate specifically how he or she was damaged, including the specific incidents and dates on which duty hours were improperly restricted. If the facts would lead the EEOC Administrative Judge to conclude that either you were not disabled OR that you could not perform the essential functions of the job, with or without reasonable accommodation, then you would not be entitled to any monetary relief. Similarly, if the EEOC Administrative Judge would conclude that either your duty hours were not restricted or that the Agency had a legitimate, non-discriminatory reason why your duty hours were restricted, you would not be entitled to any monetary relief. The liability and damages hearing processes are far more complex, time consuming, and burdensome than the Settlement Agreement, which sets forth a simple and efficient process for tens of thousands of Potential Class Members to receive compensation by returning a Claim Form and Release in the mail. In addition, the EEOC’s individual damages claims process would subject Potential Class Members to numerous other uncertainties, including the likelihood that many more Potential Class Members would receive no compensation even after a substantial period of delay. In contrast, under the Settlement, Potential Class Members may be entitled to receive compensation by returning a Claim Form and Release in the mail. Class Counsel recommends the Settlement Agreement because it allows the greatest number of Potential Class Members to receive compensation in this EEOC Administrative Action and without the delay or risk of further litigation.

SETTLEMENT BENEFITS--WHAT YOU MAY GET

5. What does the Settlement provide?

Under the Settlement, the USPS will pay $17.25 million to settle the case. Specifically, over $12 million will be distributed to Eligible Class Members who participate in the Settlement claim process.

According to USPS records, you ARE a Potential Class Member. After the EEOC has considered all objections and granted final approval of the Settlement Agreement, each Potential Class Member may be entitled to receive compensation by returning a Claim Form and Release as part of the Settlement claim process. Each Potential Class Member — approximately 40,898, based on USPS records — will receive a Claim Form and Release after the EEOC has considered all objections and if EEOC grants final approval of the Settlement Agreement. By returning the Claim Form and Release on a timely basis, each Eligible Class Member may receive a share of the Settlement. The approximately $12 million Class Fund to be distributed to Eligible Class Members was agreed to after negotiations between counsel for the USPS and the Class, based on their assessment of the likelihood of delay, the risk of further litigation (including the risk of no or limited recovery for individual class members), and their assessment of individuals’ potential claims. The amount of money you may recover is dependent on several factors, including, but not limited to, the number of years you were a Permanent Rehabilitation Employee, the points you receive in the claims process, and the number of eligible claims made in this process. Therefore, it cannot yet be determined how much money each person may receive. In addition to paying over $12 million to Eligible Class Members, the USPS will:

(1) Pay $4,312,500 in attorneys’ fees and an amount for recoverable costs that do not exceed $750,000 to Class Counsel, subject to the EEOC Administrative Judge approving the attorneys’ fees and costs. These fees and costs represent a smaller sum than Class Counsel’s hourly rates for performing legal services on behalf of the class for over 12 years. Class Counsel will seek, and USPS will not oppose an award of recoverable costs that does not exceed $750,000 and $4,312,500 in attorneys’ fees to be paid out of the settlement. Class Counsel has agreed to submit an acceptable written accounting of their recoverable costs, including a breakdown of the nature and amount for all costs to the EEOC Administrative Judge and counsel for the Postal Service. Class Counsel’s request for an award of attorneys’ fees and recoverable costs will be reviewed and approved by the EEOC Administrative Judge.

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(2) Pay R..J. Pittman (Pittman) $7,500.00 for his service as Class Agent.

(3) Pay up to a total of $150,000 to other Class Members who materially assisted in the Class’ prosecution of its Claims.

After funds have been distributed to Eligible Class Members, any remaining funds (after paying the actual cost of administering the Settlement) shall be contributed to an endowed scholarship fund for disabled students at Hampton University, Hampton, Virginia, as recommended by Class Counsel and approved by the EEOC Administrative Judge.

6. What will the Class Agents and Other Class Members Actively Involved in this Case Receive?

Class Agent R.J. Pittman and other Class Members, have dedicated a substantial amount of time and energy to assist the Class. For his critical service to the Class and for a full release of his claims against the USPS, R. J. Pittman will receive a Class Agent Award of $7,500. Furthermore, sixty (60) class members who actively participated in this Case (i.e., through deposition and/or hearing testimony) will receive $2,500 per person as a Service Award for their important service to the Class. If you have been designated as one of the sixty (60) class members who actively participated in the litigation, the Class Administrator will notify you of this fact via a letter.

OBJECTING TO THE SETTLEMENT

7. If I don’t agree with the terms of the Settlement, how do I tell the Administrative Judge?

If you are a Potential Class Member, you may object to the Settlement Agreement if you don’t agree with the terms of any part of the Settlement Agreement. Your objection should state why you think the EEOC Administrative Judge should not approve the Settlement Agreement. The EEOC Administrative Judge will consider your views. To object, you must send a letter saying that you object to the Settlement Agreement in R.J. Pittman, et al., v. Patrick Donahoe, Postmaster General U.S. Postal Service, EEOC Case No. 541-2008-00188X; Agency Case No. CC-800-0359-03. Your letter should state your objection and the reasons for your objection. If you filed an objection to the previous version of the Settlement Agreement, you will have the option of simply renewing your objection. If you do not renew your previous objection, your objection will still be considered by the Commission, unless you inform the Commission that you no longer object to the Settlement Agreement. In addition, you may amend or supplement your objection if you feel any of the changes to the Settlement Agreement warrant modification of your objection. Be sure to include your name, address, telephone number, e-mail address, your signature, and the reasons you object to the Settlement Agreement. To object, you must mail a copy of the objection to both of the following addresses within thirty (30) days of your receipt of this Notice of Resolution: Class Administrator EEOC Administrative Judge Kathleen Mulligan Settlement Services, Inc. EEOC – Los Angeles District Office PO Box [TBD] 255 E. Temple St., 4th Floor Tallahassee, FL 32302-[XXXX] Los Angeles, CA 90012

Objections that are submitted late will only be considered if the Administrative Judge finds that good cause is demonstrated as to why the objection was filed after the thirty (30) day deadline.

Comment [BCC-WD1]: Class Counsel to provide

6

8. If I do not wish to file an objection am I required to do anything? If you are a Potential Class Member and do not wish to lodge an objection to the Settlement Agreement, you are not required to do anything. If the EEOC grants final approval of the Settlement Agreement you will receive a Claim Form and Release in the mail with instructions on how, when and where to timely submit your completed Claim Form and Release in order to ensure your claim to monetary relief under the Settlement. Questions regarding the status of the case should be directed to the Class website at www.Pittmanclass.com. You may also call 1-800-280-8301 toll free, or send a facsimile to 303-927-3860 to speak with Class Counsel. DO NOT CALL THE EEOC REGARDING THE STATUS OF THE CASE.

HOW CAN I RECEIVE COMPENSATION UNDER THE SETTLEMENT?

9. How do I file a claim to receive compensation?

If the EEOC grants final approval of the Settlement Agreement, you will be mailed a Claim Form and Release with instructions on how, when and where to timely submit your completed form in order to ensure your claim to monetary relief under the Settlement. Untimely Claim Forms will not be accepted, except that Eligible Class Members, who file timely appeals of the Final Approval to the EEOC OFO, can file Claim Forms and Releases postmarked within ten (10) days of the issuance of an EEOC OFO Decision disposing of the appeal. The Class Administrator (an independent third party) will make a final and binding decision whether you are a Potential Class Member who filed a timely Claim Form and Release. If you received this Notice of Resolution you will receive a Claim Form and Release if the EEOC grants final approval of the Settlement Agreement. Questions regarding the status of the case should be directed to the Class’ website at www.Pittmanclass.com. You may also call 1-800-280-8301 toll free, or send a facsimile to 303-927-3860 to speak with Class Counsel. DO NOT CONTACT THE EEOC TO ASK FOR A CLAIM FORM AND RELEASE. Claim Forms and Releases will not be issued until after final approval of the Settlement Agreement.

10. How much money will I receive and when will I receive it?

If the EEOC grants final approval of the Settlement Agreement and you are a Potential Class Member who filed a timely Claim Form and Release, you may be eligible to receive a Settlement Award, along with all other Potential Class Members who file timely Claim Forms and Releases. That Share will be determined in the following manner.

i. Only Potential Class members who affirmatively allege that their overtime hours or their work/duty

hours were restricted during the Class Period while working as a Permanent Rehabilitation Employee and who timely return their Claim Form and Release (Eligible Class Members) shall be entitled to a share of the Class Fund.

ii. For Eligible Class Members, one point shall be awarded for each full calendar year worked as a Permanent Rehabilitation Employee between March 24, 2000 and December 31, 2012, except .75 point shall be awarded for the period March 24, through December 31, 2000. Partial years of service may be pro-rated for the number of months worked. Points awarded shall be based on the information provided in the Claim Form and Release. No points shall be awarded for a decrease in duty hours resulting directly from the Agency’s placement of a Potential Class Member into a new assignment/position with fewer hours or a decision to send a Potential Class Member home in whole or in part for no work available, pursuant to Phase 2 of the NRP.

iii. Class Counsel reserves the right to verify any information in the Claim Form and Release with any

personnel data provided to Class Counsel by the Agency during the course of this litigation. The Agency will not be required to provide any additional information or documentation, other than one update of the USPS Form 50 data provided previously. If Class Counsel has questions, they may contact any Potential Class Member to verify eligibility. Class Counsel may also request additional

7

information or documentation from the Potential Class Member to explain any discrepancies between the information provided in the Claim Form and Release and any personnel data in Class Counsel’s possession.

iv. Eligible Class Members who timely return a Claim Form and Release affirmatively alleging that

their overtime hours or their work/duty hours were restricted during the Class Period while working as a Permanent Rehabilitation Employee (Eligible Class Members) shall be awarded a minimum of one (1) point.

v. Each Eligible Class Member’s Settlement Award shall be the ratio between his/her points and the total

points awarded to Eligible Class Members. vi. Each Class Member’s Settlement Award shall then be determined by multiplying his/her share against

the total amount of the Class Fund, minus any Service Awards. Class Counsel’s statistical expert shall calculate each Eligible Class Member’s Settlement share and Award.

vii. Eligible Class Members have no right to appeal or contest Settlement Award determinations. viii. The USPS shall have no right to object or contest any Claim, Eligible Class Member’s Settlement

Award Determination or the share determination process.

Finally, within three hundred (300) days of the Notice of Final Agency Action, the Class Administrator will mail all Settlement Award checks to those Eligible Class Members, unless the Settlement Agreement is voided or challenged by appeal to the EEOC or by the filing of a complaint in federal court. If you are one of the sixty (60) class members who is entitled to receive a Service Award under this Settlement Agreement, your Service Award check will be mailed to you at the same time that Settlement Award checks are mailed—three hundred (300) days after the date of the Notice of Final Agency Action, unless the Settlement Agreement is voided or challenged by appeal to the EEOC or by the filing of a complaint in federal court. No taxes will be withheld out of Settlement Awards, Service Awards, or the Class Agent Award and the Parties make no representations regarding the tax consequences of any amounts received under this Settlement Agreement. You will be responsible for paying federal and/or state taxes, if any, which are required by law. You may want to consult a tax professional regarding the tax consequences of any Settlement Award, Service Award, or the Class Agent Award you receive. If the Settlement Agreement is not approved or is voided, you will not receive a Claim Form and Release, a Settlement Award, a Service Award, or the Class Agent Award. If the Settlement Agreement is not approved or is voided, your Claim will remain pending before the EEOC Administrative Judge.

11. What if an Eligible Class Member is deceased?

If a Potential Class Member is deceased, his or her estate may claim the Potential Class Member’s Settlement Award and Service Award by submitting an SF Form 1153 to the Class Administrator when filing a timely Claim Form and Release. This form can be obtained on the web site: www.Pittmanclass.com.

12. What am I giving up by submitting and Claim Form and Release to obtain a Settlement Share? If the EEOC grants final approval of the Settlement Agreement as proposed by the Parties, you will forfeit your right to initiate or pursue any individual claim arising out of the Challenged Practice during the Class Period that is similar to the claims contained in this Case. This means that, as of the date the EEOC grants final approval of the Settlement, any similar claims that you may have will be extinguished; and the Postal Service will be forever released from liability to you for those claims.

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However, this Release of Claims against the Postal Service will apply regardless of whether you submit a Claim Form and Release. While your claims will be released whether or not you submit a Claim Form and Release, as noted above, you will forfeit your right to any money damages under the terms of this Settlement Agreement unless you submit a Claim Form and Release. If the EEOC does not approve the Settlement Agreement, you will not receive a Claim Form and Release, nor will you receive any compensation pursuant to the Settlement Agreement.

THE LAWYERS REPRESENTING YOU

13. Do I have a lawyer in this case and how will they be paid?

The EEOC has appointed John Mosby, Marilyn Cain Gordon, Elisa Moran and John Davis to represent you and other Class Members. These lawyers are called Class Counsel. You will not be charged for these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense. As part of the Settlement Agreement, the USPS has agreed, subject to final approval by the EEOC Administrative Judge, to pay Class Counsel $4,312,500 in attorneys’ fees and an award of recoverable costs in an amount not to exceed $750,000, for performing legal services on behalf of the class for over 12 years. These fees represent a smaller sum than Class Counsel’s hourly rates for litigating this class action and bringing it to settlement.

14. Can I exclude myself from the Settlement Agreement if it is approved?

Pursuant to the EEOC regulations, there is no right to exclude yourself from the Class in this Case or the Settlement. However, the EEOC does not require that you participate in the Settlement.

IF YOU DO NOTHING

15. What happens if I do nothing at all?

There is no requirement that you take any action now, unless you want to object to the Settlement. You do not need to do anything right now to preserve your claims or to continue to participate in this class. If the Settlement Agreement is approved, you will receive a Claim Form and Release. If the Settlement Agreement is not approved or is voided, your Claim will remain pending before the EEOC Administrative Judge.

GETTING MORE INFORMATION

16. How do I get more information?

The complete Settlement Agreement and related documents are posted at www.Pittmanclass.com. If you have questions, you can visit www.Pittmanclass.com or call the Class Counsel toll-free at 1-800-280-8301. DO NOT CALL THE EEOC FOR ANY INFORMATION. THE CLAIM FORM AND RELEASE WAS NOT MAILED WITH THIS NOTICE. THE CLAIM FORM AND RELEASE WILL BE MAILED WHEN THE EEOC ISSUES FINAL APPROVAL OF THE SETTLEMENT AGREEMENT

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EXHIBIT C  

Potential Class Members Who May Be Entitled to Service 

Awards  

Adams Jacqueline Allen Trinette Andrews Donna Bamonte Ronald J. Bemiss Burnell Berg Rayme Bolin Pamela Bryant Carolyn E. Calderone Charmyn

Carter Patricia Celestino Castillo

Cerisano Frank Chambers Alfred Clardy Eula Coleman Lewis Davis Sonya Dennard James Devers, Jr. Ernest Doll Francis Drake Frances A. Fitzgerald Lori Frazier Charles Gilkey Fronzo Gloster Donna Goldsberry Nancy Hunter Jeffrey Jackson Raymond Jarvis Wayne Kikuchi Roy Kraber Ronald Lariviere Barry

Madison Johnette Maes Sherry C. Murdock Cathy Murphy Audrey K. Papuzynski Paul Park Robert D. Pennington Deborah Reaves Arleather Reed, Jr. Donald Reynolds Cynthia Rolland Glen Salamon DeLoris Sanchez Jesus Sanchez Robert Scales Felippa Scott Joyce Strawbridge Karen Sturgis Vera Tucker Barbara Velaquez Lenore Walker Edmond Wesley Cathy  

EXHIBIT E

1

UNITED STATES OF AMERICA

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION LOS ANGELES DISTRICT OFFICE

R.J. PITTMAN et. al., Complainants, v. PATRICK DONAHOE, Postmaster General, United States Postal Service, Agency.

) ) EEOC Hearing No. 541-2008-00188X ) ) Agency No. CC-800-0359-03 ) ) ) ) ) ) ) ) ) )

R.J. PITTMAN INDIVIDUAL RELEASE

In full and complete resolution of all claims of R.J. Pittman (hereinafter “Mr. Pittman”) against the United States Postal Service ( “USPS” or “Postal Service”) as more fully set forth herein, the undersigned parties agree as follows: 1. This Individual Release (hereinafter the “Pittman Individual Release”) is being entered into pursuant to Section 7(B)(i) of the Settlement Agreement in Pittman v. Donahoe, EEOC Hearing No. 541-2008-00188X, Agency No. CC-800-0359-03, formerly captioned as Walker v. Donahoe (the “Pittman Settlement Agreement”). This Pittman Individual Release is Exhibit E to the Pittman Settlement Agreement. 2. This Pittman Individual Release addresses any and all claims against the USPS that Complainant may have from March 24, 2000 until the date this Pittman Individual Release is executed for restriction of duty hours. 3. It is understood by the undersigned that this Pittman Individual Release and the resolution of all claims as more fully set forth below do not constitute precedent in what may occur in other cases, and that this Pittman Individual Release or its contents may not be cited in any other proceeding in any forum, except to enforce this Pittman Individual Release, as provided herein. 4. It is understood by the undersigned that the Pittman Settlement Agreement, including this Pittman Individual Release, shall not be used as a basis by Mr. Pittman or anyone else to seek or justify similar terms in any subsequent case involving persons other than Mr. Pittman.

2

5. It is understood by the undersigned that this Pittman Individual Release shall in no way constitute an admission of liability, wrongdoing, or discrimination by the USPS, its officers, executives, agents, managers, supervisors, employees or representatives. 6. This Pittman Individual Release is entered into in the interests of all Parties hereto in order to efficiently and expeditiously resolve the underlying dispute. 7. It is understood by Mr. Pittman that this Pittman Individual Release is in full and complete settlement of any and all outstanding complaints, administrative complaints, grievances and appeals filed by Mr. Pittman or on Mr. Pittman’s behalf, against the USPS, its officers, executives, agents, managers, supervisors, employees or representatives relating to any matters that occurred prior to the execution of this Pittman Individual Release. In signing this Pittman Individual Release, Mr. Pittman understands that he waives his right to make or pursue a claim for individual relief in any other class action, although he may make a claim in this matter Pittman v. Donahoe, EEOC Hearing No. 541-2008-00188X, Agency No. CC-800-0359-03. Mr. Pittman further understands that he is permanently waiving his right to bring any new claims, presently known, or unknown, against the USPS, its officers, executives, agents, managers, supervisors, employees or representatives arising from any event occurring prior to his signing this Pittman Individual Release. Mr. Pittman agrees to voluntarily withdraw all outstanding complaints, administrative complaints and grievances or appeals that may be currently pending in any forum against the USPS its officers, executives, agents, managers, supervisors, employees or representatives. It is further stipulated that the withdrawals are made without any threat, coercion, intimidation, promise, or inducement other than the terms set forth in this Pittman Individual Release. 8. APPLICABILITY OF OLDER WORKERS BENEFIT PROTECTION ACT – Pursuant to the Older Workers Benefit Protection Act (“OWBPA”), which amended portions of the Age Discrimination in Employment Act (“ADEA”), 29 U.S.C. § 621, et seq., express and clear notice is hereby given to the Complainant that by entering into this Pittman Individual Release Mr. Pittman is waiving and abandoning discrimination claims arising under the ADEA, 29 U.S.C. § 621, et seq. Pursuant to the OWBPA, 29 U.S.C. § 626(f); 29 C.F.R. § 1625.22(g), the following terms apply:

a. This Pittman Individual Release shall remain open for a period of twenty-one (21) calendar days, or from _________________, 201_ until _______________, 201_, during which time Mr. Pittman may consider the terms of the Pittman Individual Release without the Agency either revoking or materially altering the terms of the Pittman Individual Release;

b. Following Mr. Pittman’s execution of this Pittman Individual Release, Mr. Pittman has a seven (7) calendar day period to revoke the Pittman Individual Release. Pursuant to 29 C.F.R. § 1625.22(g), Mr. Pittman’s seven (7) day period to revoke this Pittman Individual Release will begin on the day he executes the Pittman Individual Release, and the twenty-one (21) day consideration period referenced above in Paragraph 8(a) will terminate as of the date of the Mr. Pittman’s execution of this Pittman Individual Release should Mr. Pittman execute this Pittman Individual Release prior to the completion of the twenty-one (21) day consideration period;

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c. Mr. Pittman’s execution of this Pittman Individual Release in no way limits or infringes upon his rights to pursue any type of claim arising under the ADEA after the expiration of the revocation period under Section 8(b) of this Pittman Individual Release;

d. Mr. Pittman is hereby expressly advised that he may consult with an attorney or legal counselor of his choosing, if any, concerning the terms of this Pittman Individual Release. 9. PRIVACY ACT STATEMENT: Your information will be used to adjudicate complaints of alleged discrimination. Collection is authorized by 39 U.S.C. 401, 409, 410, 1001, 1005, and 1206. Providing the information is voluntary, but if not provided, we may not be able to process your claim. We may disclose your information as follows: in relevant legal proceedings; to law enforcement when the U.S. Postal Service (USPS) or requesting agency becomes aware of a violation of law; to a congressional office at your request; to entities or individuals under contract with USPS; to entities authorized to perform audits; to labor organizations as required by law; to federal, state, local or foreign government agencies regarding personnel matters; to the Equal Employment Opportunity Commission; and to the Merit Systems Protection Board or Office of Special Counsel. For more information regarding our privacy policies visit usps.com/privacypolicy. 10. Mr. Pittman agrees, as a condition of this Pittman Individual Release, that he will not apply for, seek, or accept employment with the USPS. 11. The Parties acknowledge that the Pittman Settlement Agreement, including this Pittman Individual Release, contains the entire agreement between the Mr. Pittman and the USPS. 12. The USPS agrees, as a term and condition of this Pittman Individual Release, that in consideration for Mr. Pittman’s promises herein the USPS agrees that, provided that Mr. Pittman signs this Pittman Individual Release no later than five days following Final Approval of the Pittman Settlement Agreement, the sum of $7,500 shall be deducted from the Class Fund by the Class Administrator, and used to pay Mr. Pittman. The Class Administrator shall issue a check to Mr. Pittman after three hundred (300) days of the date of the Notice of Final Agency Action, unless the Pittman Settlement Agreement is voided or stayed pursuant to Section 3(G) of the Pittman Settlement Agreement or for any other reason set forth therein. If the Pittman Settlement Agreement is stayed, as addressed in Section 3(G)(i) of the Pittman Settlement Agreement, then the Class Administrator shall not issue Mr. Pittman a check until informed jointly by the Parties in writing that the stay has been lifted. This sum shall be full compensation for Mr. Pittman’s role as a Class Agent and in consideration of a full release of all claims he may have against the USPS. Mr. Pittman shall also be entitled to receive a Settlement Award pursuant to Section 6 of the Pittman Settlement Agreement, if he files a timely, fully executed Claim Form and Release. It is understood that no additional fees or costs will be paid to Mr. Pittman in connection with resolution of this Pittman Individual Release. If Mr. Pittman declines to timely execute a full release of all claims he may have against USPS, Mr. Pittman will receive a Settlement Award pursuant to Section 6 of the Pittman Settlement Agreement if he files a timely, fully executed Claim Form and Release. If the Pittman Settlement Agreement or this Pittman Individual Release is voided by the EEOC or a federal court, Mr. Pittman shall not be entitled to this payment.

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13. The receipt of a payment by Mr. Pittman pursuant to this Pittman Individual Release constitutes full satisfaction of Mr. Pittman’s claims, and, as a consequence, should any provision of the Pittman Settlement Agreement, including this Pittman Individual Release, be declared or be determined by the EEOC or any court of competent jurisdiction to be wholly or partially illegal, invalid or unenforceable, the legality, validity and enforceability of this Pittman Individual Release and/or remaining parts, terms or provisions shall not be affected thereby and said illegal, unenforceable or invalid part, term or provision shall be deemed not to be part of this Pittman Individual Release. 14. The execution of this Pittman Individual Release shall only affect the rights of Mr. Pittman, his heirs, and assigns, and will not affect or impair in any way the rights of other class members in Pittman v. Donahoe, EEOC Hearing No. 541-2008-00188X, Agency No. CC-800-0359-03 to receive the relief set forth in the Pittman Settlement Agreement. CLASS AGENT _______________________ Date:______________________ R.J. Pittman 2749 Wood Lake Drive Cedar Hill, TX 75104 CLASS COUNSEL ________________________ Date:_______________________ John Mosby, Esq. THE UNITED STATES POSTAL SERVICE ________________________ Date: _______________________ Carl C. Bosland USPS 475 L’Enfant Plaza, SW, Room 6238 Washington, DC 20260-1149

EXHIBIT F

1

UNITED STATES OF AMERICA

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION LOS ANGELES DISTRICT OFFICE

R.J. PITTMAN et. al., Complainants, v. PATRICK DONAHOE, Postmaster General, United States Postal Service, Agency.

) ) EEOC Hearing No. 541-2008-00188X ) ) Agency No. CC-800-0359-03 ) ) ) ) ) ) ) ) ) )

POSTAL SERVICE’S NOTICE OF FINAL ACTION ON FINAL APPROVAL OF

SETTLEMENT AGREEMENT

This is the United States Postal Service’s (USPS) Notice of Final Action on the Settlement Agreement of Complainants’ Class Complaint of discrimination, captioned above.1 This Notice of Final Action is issued in accordance with Title 29, Code of Federal Regulations, Parts 1614.110(a) and 1614.204(g)(4). By this Notice of Final Action, the USPS has decided to implement the Settlement Agreement and Final Order Approving Settlement issued on _____________________, 201_. The Parties submitted the Settlement Agreement to U.S. Equal Employment Opportunity Commission (EEOC) Administrative Judge Kathleen Mulligan (Judge Mulligan) on April 19, 2013 for review and approval. On ______________ __, 201__, Judge Mulligan issued an order granting preliminary approval of the Settlement Agreement. Following preliminary approval, the Parties, pursuant to EEOC regulations, notified Class Members in writing of the terms of the Settlement Agreement. Class Members were specifically notified of the terms of the proposed Settlement Agreement and of the requirement to submit objections within thirty (30) calendar days from the date of the Settlement Notice of Resolution and Preliminary Approval (Notice of Resolution).

1 This class complaint was originally filed by Edmond Walker, who was replaced as class agent by R.J. Pittman and originally filed against Postmaster General John E. Potter, who has retired. His successor is Patrick R. Donahoe.

2

The Class Administrator mailed the Settlement Notice of Resolution to the Class Members on____________ ___, 201__. EEOC Administrative Judge Mulligan accepted ___ written objection(s) as timely. Thereafter, Class Counsel and USPS Counsel filed supplemental briefs in support of the Settlement Agreement. The USPS has reviewed the entire record, including the Settlement Agreement and Final Approval of the Settlement Agreement issued by Judge Mulligan on _________ ___, 201_, and has decided to implement the decision of the Administrative Judge. You have the right to appeal the USPS’ Final Action to the Director, Office of Federal Operations, EEOC, P.O. Box 19848, Washington, DC 20036-9848 within thirty (30) calendar days of the date of your receipt of the USPS’ Final Action. You must submit any statement or brief in support of that appeal within thirty (30) days of the date of the appeal. You must use EEOC Form 573 in connection with your appeal. You may also deliver your appeal in person or by facsimile provided that briefs filed by facsimile are ten (10) or fewer pages in length. You must provide the USPS with a copy of your appeal and any supporting statement or brief to:

National EEO Investigative Services Office Post Office Box 21979

Tampa, FL 33622-1979

You may have the right to file a civil action in an appropriate federal district court within ninety (90) calendar days of the date of your receipt of the USPS’ Final Action, within ninety (90) calendar days of the EEOC’s final decision on any appeal, or after one-hundred-eighty (180) days from the date of filing of an appeal with the EEOC if no final decision has been rendered. If you do not have or cannot afford an attorney, you may request that the court appoint an attorney to represent you and that the court permit you to file the civil action without the payment of fees, costs, or other security. Whether these requests are granted or denied is within the sole discretion of the federal district court. These requests must also be filed within the same time period for filing the civil action. Joseph G. Hopkins _____________, 201_ EEO Services Analyst National EEO Investigative Services Office P.O. Box 21979 Tampa, FL 33622-1979 Attachment: EEOC Appeal Form 573

Exhibit G

Exhibit G

Exhibit G

Exhibit G

Exhibit G

Exhibit G

Exhibit G

Exhibit G

Exhibit G

Exhibit G

Exhibit G

Exhibit G

Exhibit G

Exhibit G

Exhibit G

UNITED STATES OF AMERICA EQUAL EMPLOYMENT OPPORTUNITY COMMISSION NEW YORK DISTRICT OFFICE ____________________________________________________ SANDRA M. McCONNELL, et al.,

Class Agent, v. PATRICK R. DONAHOE, Postmaster General, United States Postal Service,

Agency. ____________________________________________________ Date: May 31, 2012 EEOC Hearing Merits No. 520-2010-00280X EEOC Appeal No. 0720080054 EEOC Case No. 520-2008-00053X Agency Case No. 4B-140-0062-06

ORDER CLOSING THE MCCONNELL CLASS

I. Questions Presented:

1. Whether the National Reassessment Program (“NRP”) has ended, thereby making it

appropriate to close the McConnell class, and

2. If the NRP has not ended, is it appropriate to create a new class to recognize the

employees who have taken part in the post-NRP reasonable accommodation process?

II. Summary Answers

The answers are:

1. For purposes of defining the McConnell class, the NRP ended on or about July 1, 2011,

and therefore, it is appropriate to close the McConnell class as of that date,1

2. It is more appropriate for the decision regarding certification of the post-NRP process to

be made by an Administrative Judge who will be assigned to the complaint of Glee Williams v. United States Postal Service, which grew out of the Little Rock Area District,

or any other complaint, unknown to this Administrative Judge at this time, that may have

been filed on similar grounds.

and

1 It is noted that Class Agent argues that the NRP continues today in substance. This Order in no way rules on the question of whether the NRP continues on today in substance.

Exhbiit H

III. Procedural History and Material Facts

1. The United States Postal Service (“Agency”) rolled out a national program, referred to as

the National Reassessment Program (“NRP”). The NRP was made up of two phases. In

sum, Phase 1 involved gathering all the names and information of employees who were

in a permanent rehabilitative status or limited duty status. Phase 2 involved a multi-step

process to determine whether these employees had adequate work.

2. On January 14, 2010, the Office of Federal Operations upheld the recommendation to

certify the McConnell class as “All permanent rehabilitation employees and limited duty

employees at the Agency who have been subjected to the National Reassessment Process

from May 5, 2006 to the present, allegedly in violation of the Rehabilitation Act of

1973.”

3. On July 1, 2011, Agency headquarters issued a memo, which was disseminated

nationwide, stating that the NRP had concluded on January 31, 2011. Agency

headquarters also disseminated “Guidelines for Assignment of Limited Duty and

Rehabilitation Employees.”

4. On March 2, 2012, the Class Agent submitted a brief letter, arguing that the NRP, though

formally ended, remains substantively in use (“Class Agent Letter”).

5. On March 5, 2012, the Agency submitted a brief letter, arguing that the NRP ended on

January 31, 2011, and therefore, the class should be closed as of that date (“Agency

Letter”).

6. On March 7, 2012, the parties presented oral arguments to the undersigned

Administrative Judge during a teleconference. During oral arguments, the undersigned

Administrative Judge suggested that a sub-class, made up of employees subjected to the

post-NRP process, may be appropriate.

7. On March 9, 2012, the undersigned Administrative Judge issued an Order to Parties to

Respond to Questions, in which the Administrative Judge asked each party to respond to

specific questions regarding the possibility of creating a sub-class.

8. On April 9, 2012, the Agency submitted the Agency’s Response to Questions Regarding

Potential End of McConnell Class and Creation of Sub-Class (“Agency’s Response to

AJ’s Order”).

9. On April 9, 2012, Class Agent submitted the Class Agent’s Submission Regarding

Questions Relating to Sub-Class and Motion to Add Class Agent Glee Williams (“Class

Agent’s Response to AJ’s Order”).

Exhbiit H

10. On April 24, 2012, the Agency submitted the Agency’s Response to Class Agent’s

Submission Regarding Questions Relating to Subclass and Motion to Add Class Agent

Glee Williams (“Agency’s Response to Class Agent”).

11. On May 18, 2012, Class Agent submitted additional documentation in support of her

argument that the NRP continued and that Glee Williams is an appropriate class agent

(“Class Agent Letter with Additional Documentary Support”).

12. On May 25, 2012 and May 31, 2012, the parties had additional teleconferences with the

undersigned Administrative Judge. Closure of the McConnell class was discussed during

both conference calls.

IV. The McConnell Class Will Close as of July 1, 2011

In its briefs, the Agency contended that the NRP ended on January 31, 2011 “when all

reassessments were completed and injured-on-duty employees had been reassigned to productive

work for the Agency.” (Agency Letter, 1-2.)

In her brief, Class Agent argued that the January 31, 2011 date is “suspect given evidence of

NRP processing after that date,” but suggested that the date could be used for “purposes of

defining sub-classes, so long as the class members all remain part of the class.” (Class Agent’s

Response to AJ’s Order). Class Agent argued, essentially, that the NRP continued on in

substance even though the formal process itself ended.

Though Class Agent argues that the NRP continued in substance after January 31, 2011, there is

no dispute that at least Phase 1 of the NRP had ended by that date. Because such a significant

aspect of the NRP had ended by this date, it is appropriate to close the McConnell class.

Moreover, the evidence shows that the Agency at least made an attempt to formally end the NRP

as of January 31, 2011 and, on July 1, 2011, notified the districts nationwide of the decision to

end the NRP. Whether a new class should be recognized to litigate the post-NRP process will be

addressed below.

During a conference call on May 31, 2012, which occurred after the briefs were filed, the parties

agreed that July 1, 2011 (as opposed to January 31, 2011) would be the most appropriate date to

close the McConnell class.2

2 Again, it is recognized that the Class Agent disputes that the NRP truly ended. Class Agent contends that the NRP continued in substance after July 1, 2011. The Agency argues that the NRP ended.

July 1, 2011 was the date that the Agency issued a memo stating

Exhbiit H

that the NRP had ended approximately five months earlier on January 31, 2011. For purposes of

defining the McConnell class, it is logical to use the date that the districts were informed that the

NRP ended.

The McConnell class was initially defined as all permanent rehabilitation employees and limited

duty employees at the Agency who have been subjected to the National Reassessment Process

from May 5, 2006 to the present, allegedly in violation of the Rehabilitation Act of 1973.

Per this Order, the McConnell class is now defined as:

All permanent rehabilitation employees and limited duty employees at the Agency who have

been subjected to the National Reassessment Process from May 5, 2006 through and

including July 1, 2011, allegedly in violation of the Rehabilitation Act of 1973.

As a point of clarification, the parties agreed during the May 31, 2012 conference call that the

relevant date for purposes of determining whether someone is a part of the McConnell class is

the date of the assessment or reassessment, not the date of injury.

V. Determination Whether A New Class Should Be Certified Should Be Made By the

Administrative Judge Who Has Jurisdiction Over the Proposed Class Formal

Complaint

Closure of the McConnell class on July 1, 2011 leads to the next question – whether it is

appropriate to create a new class, made up of persons who went through the post-NRP

reasonable accommodation process.

While making the argument that a new class should be created, attorneys for Class Agent

McConnell proposed a new Class Agent, Glee Williams, to represent the proposed post-NRP

class. (Class Agent’s Response to AJ’s Order). At the time of her declaration, Ms. Williams

worked at the Little Rock Processing and Distribution Center. Id. at Ex. A, p. 3. In her

declaration, Ms. Williams stated that after believing she was subjected to a discriminatory post-

NRP process, she contacted the EEO office to “initiate an EEO complaint.” Id. at Ex. A, p. 4.

Ms. Williams stated “I intend to file my claim as a class complaint, seeking to represent all

similarly situated employees who have been subjected to the U.S. Postal Service’s policies and

practices regarding injured-on-duty employees since the end of the National Reassessment

Process.” Id.

29 CFR § 1614.204 states that “[a]n employee or applicant who wishes to file a class complaint

must seek counseling and be counseled in accordance with 1614.105.” Here, Ms. Williams

Exhbiit H

sought EEO counseling in the Little Rock area. (Class Agent Letter with Additional

Documentary Support). Thus, her formal complaint will, as it should, run its natural course

through the EEO process in Little Rock. As such, the decision regarding certification of the

post-NRP process is best left to the Administrative Judge who will be assigned to the Glee class

complaint, which is coming out of the Memphis EEO District Office (or any other district office

where the same or similar formal EEO complaint may be raised).

It is So Ordered. For the Commission: _________________________ Erin M. Stilp, Administrative Judge U.S. Equal Employment Opportunity Commission New York District Office 33 Whitehall Street, 5th Floor New York, New York 10004-2112 e.stilp-efilebox@eeoc.gov

Exhbiit H

CERTIFICATE OF SERVICE

For timeliness purposes, it shall be presumed that the parties received the foregoing Order within five (5) calendar days after the date it was sent via first class mail or immediately upon e-mail delivery or confirmation of receipt by facsimile. I certify that on May 31, 2012, this Order was sent to the following: Complainants’ Representatives David Weiser, Esq. Dweiser@katorparks.com Michael J. Kator, Esq. mkator@katorparks.com Jeremy D. Wright, Esq. jwright@katorparks.com Michael J. Lingle, Esq. mlingle@theemploymentattorneys.com Peter J. Glennon, Esq. pglennon@theemploymentattorneys.com Sarah H. Born, Esq. sborn@theemploymentattorneys.com Jayme Feldman, Esq. jfeldman@theemploymentattorneys.com Agency’s Representatives S. Christopher Mullins, Esq. Stephen.c.mullins@usps.gov David B. Ellis, Esq. David.b.ellis@usps.gov Denise M. Alter, Esq. Denise.m.alter@usps.gov _________________________ Erin M. Stilp Administrative Judge

Exhbiit H

NRP Rehab Phase II Start Dates By District P1 Validation

Exhibit I

44 Pacific San Francisco 3/28/2008 4/29/2008 45 Pacific Sierra Coastal 7/17/2008 8/19/2008 46 Pacific Santa Ana 9/5/2008 9/22/2008 47 Pacific Sacramento 8/22/2008 10/14/2008 48 Pacific Los Angeles 12/23/2008 1/14/2009 49 Pacific Bay Valley 5/8/2009 5/27/2009 50 Southeast South Georgia 5/1/2007 5/17/2007 51 Southeast South Florida 8/28/2007 9/28/2007 52 Southeast Suncoast 2/15/2008 4/1/2008 53 Southeast Mississippi 4/16/2008 8/11/2008 54 Southeast North Florida 4/30/2008 7/31/2008 55 Southeast Central Florida 8/29/2008 Consolidated 56 Southeast Alabama 9/18/2008 12/16/2008 57 Southeast Tennessee 9/30/2008 11/13/2008 58 Southeast Atlanta 12/17/2009 2124/2010 59 Southwest Oklahoma 9/19/2007 10/9/2007 60 Southwest Fort Worth 1/17/2008 2/22/2008 61 Southwest Albuquerque 5/9/2008 6/24/2008 62 Southwest Dallas 9/11/2008 10/1/2008 63 Southwest Rio Grande 1/9/2009 1/14/2009 64 Southwest Arkansas 4/10/2009 5/6/2009 65 Southwest Houston 6/25/2009 7/22/2009 66 Southwest Louisiana 11/5/2009 12/8/2009 67 Western Dakotas 2/21/2007 3/6/2007 68 Western Salt Lake City 4/5/2007 4/24/2007 69 Western Mid America 5/16/2007 5/24/2007 70 Western Central Plains 1/23/2008 3/27/2008 71 Western Colorado/Wyoming 6/25/2008 7/29/2008 72 Western Arizona 8/15/2008 10/23/2008 73 Western Northland 8/28/2008 10/8/2008

~: Western Nevada-Sierra 9/19/2008 11/3/2008 Big Sky --Western 10/8/2008 4/28/2009

76 Western Alaska 10/3/2008 5/12/2009 77 Western Hawkeye 1/5/2009 5/5/2009 78 Western Spokane 2/20/2009 Consolidated 79 Western Portland 3/6/2009 5/19/2009 80 Western Seattle 1/29/2010 2/24/2010

Exhibit I

ATTENTION

R.J. Pittman Replaces Edmond Walker as Class Agent PLEASE BE ADVISED that for technical reasons Edmond Walker has been replaced as Class Agent by R.J. Pittman in the matter formerly captioned Walker v. Donahoe, EEOC Case No. 541-2008-00188X, and now captioned Pittman v. Donahoe. This substitution was made as a result of Mr. Walker’s voluntary participation in other legal proceedings which affected his ability to continue as Class Agent. The substitution does not affect the legal rights of class members or their recovery, except that it does cause some minimal delay. However, in order to avoid an even more lengthy delay, the parties agreed and the judge approved this substitution.

The R.J. Pittman Settlement Agreement

R.J. Pittman’s substitution as Class Agent resulted in a new settlement agreement between the parties (the R.J. Pittman Settlement Agreement). Changes in the R.J. Pittman Settlement Agreement from the former Walker Settlement Agreement are addressed in the attached revised Notice of Resolution. PLEASE NOTE, these changes DO NOT alter the amount the USPS will pay under the R.J. Pittman Settlement Agreement, your entitlement to a settlement share, or the amount you will receive if you file a valid claim. PLEASE REVIEW CAREFULLY the attached Notice of Resolution. It contains important information about your rights and obligations.

New Period to File Objections to the R.J. Pittman Settlement Agreement You have the right to file an objection to the R.J. Pittman Settlement Agreement. If you filed an objection to the Walker Settlement Agreement, your objections to the Walker Settlement Agreement will automatically be considered by the EEOC as objections to the R.J. Pittman Settlement Agreement, unless you specifically notify the EEOC that you would like to withdraw your objection. In addition, you may also amend or supplement your objection to the Walker Settlement Agreement if you object to the terms of the RJ Pittman Settlement Agreement. Further, you can file a new objection to the R.J. Pittman Settlement Agreement. The objection process is detailed in the attached Notice of Resolution. Objections must be postmarked by _____________________, 2013. If you have questions, including questions regarding changes to the Settlement Agreement or status of the case, please go to the Class website at www.Pittmanclass.com for additional information. You may also call 1-800-280-8301 toll free, or send a facsimile to 303-927-3860 to speak with Class Counsel. DO NOT CALL THE EEOC REGARDING THE STATUS OF THE CASE.