Court: Postal Police Manager’s Transfer Was Not A Demotion
According to the Federal Circuit Court of Appeals in a nonprecedential decision:
Ronald Calvin was transferred from his position of Manager, Postal Police Division, EAS-21 to that of General Analyst, EAS-21. Both positions carry the same grade and basic rate of pay. The Postal Service cited loss of confidence in Mr. Calvin’s managerial abilities as the reason for the transfer. Calvin stated that the transfer was in retaliation for his having filed a discrimination claim against his supervisor, and points to his consistent high performance evaluations. He also points to his 36 years of service, and argued that his transfer was, in effect, a constructive demotion, since he lost the retirement and other benefits and credentials of being a police officer. He argued that his removal from the position of Manager, Postal Police Division, harms him both in terms of the retirement benefits he would gain under the Law Enforcement Safety Act of 2004 and in terms of his prestige as a Captain of Postal Police. He also argued that he was the victim of an illegal reduction-in-force procedure. He states that these various grounds entitle him to a hearing on the merits of his case.
MSPB held that a transfer without a reduction in either grade or the basic rate of pay is not a personnel action that is appealable to the Board, and did not discuss the various arguments presented. The Federal Circuit Court of Appeals agreed. Calvin vs MSPB (PDF)