MSPB Issues Decision In Postal Employees NRP Cases

Latham et al. raise the following legal issues: (1) May a denial of restoration be “arbitrary and capricious” within the meaning of 5 C.F.R. § 353.304(c) solely for being in violation of the U.S. Postal Service’s own internal rules; and (2) what is the extent of the agency’s restoration obligation under its own internal rules, […]

MSPB to Hear Oral Arguments in NRP Appeals On December 13th

On Tuesday, December 13, 2011, MSPB will hear oral arguments in the matters of James C. Latham v. U.S. Postal Service, MSPB Docket Number DA-0353-10-0408-I-1; Ruby N. Turner v. U.S. Postal Service, MSPB Docket Number SF-0353-10-0329-I-1; Arleather Reaves v. U.S. Postal Service, MSPB Docket Number CH-0353-10-0823-I-1; Cynthia E. Lundy v. U.S. Postal Service, MSPB Docket […]

Postmaster A Victim of Customer Stalking Wins MSPB Appeal

From the Merit System Protection Board: The  EAS-16 Postmaster in Diamond, Ohio, alleged that the USPS placed her on enforced leave due to its failure to reassign her to another post office. The administrative judge gave the Postmaster notice of the burden to establish jurisdiction over an enforced leave claim in two situations, where an […]

MSPB Begins Posting Nonprecedential Decisions On Its Website

The Merit Systems Protection Board (MSPB)  issued the following press release: The U.S. Merit Systems Protection Board (MSPB or the Board) began posting on its website nonprecedential orders issued on or after October 1, 2011. Nonprecedential decisions were not previously on the MSPB website. A nonprecedential order is one that the Board has determined does […]

Demoted Postal Manager Appeals Part-Time Status to MSPB

A former California Postal Manager is attempting to circumvent the seniority provisions of the APWU National Agreement. The Postal Manager filed an appeal of the agency’s action removing her from the position of EAS-19 Manager Customer Services effective January 18, 2009. The parties entered into a settlement agreement disposing of the appeal, and the administrative […]

MSPB Questions Disparate Treatment of Postal Worker in Marijuana Case At Training Center

The appellant was employed by the agency as a Building Equipment Mechanic at the agency’s Miami, Florida, Processing and Distribution Center. The appellant petitioned for review of an initial decision that affirmed his removal on a charge of improper conduct, i.e., possessing and consuming an illicit substance (marijuana) while attending a training course in Norman, […]

MSPB Overturns Demotion of Postal Supervisor For Misuse Of USPS Credit Card

The following is a modified version of the MSPB case: Based on the results of an investigation, USPS removed the appellant from his position as EAS-17 Supervisor, Distribution Operations, on a charge of failure to follow instructions – unauthorized purchases on his government credit card. USPS listed three specifications: (1) using his assigned government credit […]

MSPB: USPS National Reassessment Process Must Find Work For Injured Employees In Commuting Area

More MSPB cases filed by Postal Workers were remanded during the month of October. The cases were remanded because the Postal Service’s job search under the National Reassessment Process was limited to installations within a single district and failed to include the entire commuting area as required by 5 C.F.R. § 353.301(d). Each decision cited […]

Postal Supervisor Must Work in a “Congenial Environment”

The MSPB denied restoration to a postal supervisor in part because he was drawing workers’ compensation. ECAB ruled he was entitled to draw workers’ compensation because the Postal Service wouldn’t restore him to duty in the local commuting area where he lived. The appellant had a psychological condition related to derogatory comments that Rochester P&DC […]

MSPB: An Appellant Is Held Responsible For Errors By Representative

From the Merit Systems Protection Board: The [MSPB] Board’s regulations allow parties wide discretion in choosing their representatives, subject only to disqualification for conflict of interest or position. Apart from those bases for disqualification, the appellant’s choice of representative is personal to her, and she may choose to be represented by an attorney or a […]