William M. Smith, president of the New York Metro Area local of the American Postal Workers’ Union (APWU), has filed a complaint against John E. Potter, the U.S. Postmaster General. The suit, filed in the United States District Court, Southern District of New York, seeks to stop the US Postal Service from operating any mail facility that has been contaminated by anthrax spores, such as the Morgan General Mail Facility in New York City.
The papers also call for the USPS to admit being in violation of the Solid Waste Disposal Act as it has not applied for or been granted a permit to handle, transport, store or dispose of anthrax. The suit further calls for the USPS to test all facilities that have processed mail received from the Morgan facility for anthrax, and provide test results and inspection rights to the union. Additionally, the APWU requests that its demands remain in effect two years after the USPS meets them.
Postal officials did not return calls seeking comment on the suit at deadline.
The lawsuit, which was filed Oct. 29, stems from "the failure of the United States Postal Service to properly respond to the threats caused by anthrax," according to the papers. Four mail sorting machines at the Morgan center were contaminated by anthrax spores, possibly from tainted letters mailed to a number of New York media firms.
According to the complaint, Dennis O’Neil, a co-plaintiff, was exposed to anthrax spores at the Morgan facility. The papers allege that "the letter sorting process involved shaking and handling of letters by postal workers processing the mail," and that letters sent through the system released anthrax spores. The spores were later further spread by cleaning machines that blow air over the equipment.
The papers allege that the "USPS was well aware that the mail could be a possible delivery vehicle for the dispersal of toxic biological agents, including anthrax." They contend that "The USPS was aware that the source of anthrax contamination at American Media Corporation [where an earlier anthrax case was noted] was the delivery of contaminated mail. Despite that knowledge the USPS took no precautionary measures to protect the health and safety of its workforce or the public at large."
The suit further contends that on Oct. 15, the New York Metro of the APWU learned that the Morgan facility had processed anthrax-laden letters, and had demanded that the USPS take necessary precautions to protect its workers. Despite this demand, the USPS continued to use air-blowing techniques to clean the Morgan machinery until Oct. 22, the suit alleges.
According to the papers, despite several instances of anthrax among postal workers throughout the country, and after limited testing of the Morgan facility, the plant remained open. On Oct. 24, Postmaster General Potter agreed that work centers or offices contaminated with anthrax would be closed until they have been cleaned and declared safe, the suit contends.
According to the suit, the Morgan plant was found to be contaminated on Oct. 25. The union learned of the contamination through news reports, and not through USPS notification, the suit said. The USPS has further refused to examine the ventilation system at the Morgan facility for anthrax, or to conduct tests at other facilities that receive mail from Morgan.
According to wire reports, absenteeism at the Morgan plant has reached 30%. Roughly 5,000 employees work at the Morgan plant.
