Richard Erickson, a distribution Clerk was removed from his position at Fort Myers Processing and Distribution Center (Fort Myers, Florida). Erickson filed an MSPB appeal under Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA), asserting that he was improperly removed because of his military service and requesting that he be reinstated. The MSPB […]
(Georgia) The Postal Service demoted Linda Parker from the position of Supervisor, Customer Services, EAS-17, to the position of PTF Clerk, PS-05, effective October 25, 2008. The Supervisor was charged with unsatisfactory performance and failure to follow instructions with respect to two specifications. The first concerned instructions from Parker’s supervisor to “perform a full office […]
From Postal Reporter reader Don Cheney “[T]he appellant has requested the Board to reconsider its determination in its previous decision that he is not entitled to pay for performance as part of the back pay to which the agency agreed. For the reasons stated below, the Board on reconsideration has determined that the appellant is […]
Juan Cabrera worked as a mail carrier in the Hayward-Castro Valley Post Office in Castro Valley, California. On October 24, 2007, the agency issued a notice removing him from his position based on two charges: unacceptable conduct and deviation from his postal route. Mr. Cabrera appealed his removal to the Merit Systems Protection. According to […]
Could the tide be turning in MSPB cases? Here is the (non-precedential) decision from the Court of Appeals For the Federal Circuit Anthony D. Cunningham appeals from a decision of the Merit Systems Protection Board (“Board”), Cunningham v. United States Postal Service, 109 M.S.P.R. 402 (2008), sustaining his removal from the Postal Service. Because the Board […]
The Postal Serviced demoted Gregg Giannantonio from EAS-21 Arizona District Manager of Statistical Programs to EAS-17 Customer Services Analyst based on a charge of “failure to meet the duties and responsibilities of your position.” Giannantonio filed an appeal. After holding a hearing and considering the evidence, the administrative judge (AJ) reversed Giannantonio’s “demotion under Stone […]
From PostalReporter reader: “Employees should choose their venue for discipline wisely. At MSPB removal is an appropriate penalty for minor offenses like irregular attendance [PR note: Postal Management uses the term “Irregular Attendance” when issuing discipline to employees] despite no prior discipline. That is not the case in the grievance-arbitration procedure due to Article 16.” – […]
According to the Federal Circuit Court of Appeals decision rendered on March 13, 2009 Ms. [Lynn] Vaughn served as the EAS-20 Manager, Customer Services at the Glenridge Post Office in Atlanta, Georgia. On April 26, 2007, Charles Gracek, Manager, Customer Service Operations, Atlanta, Georgia Post Office, proposed demoting Ms. Vaughn to the EAS-17 position of […]
Here is a brief background of the case taken from the United States Court of Appeals for the Federal Circuit decision: Mr. Saunders held the position of PS-11 Electronic Technician [ET] at the USPS’s Roanoke, Virginia Processing and Distribution Center. The adverse action was based on an incident that occurred in April 2006. During the […]
USPS found a new way to get rid of someone. Although the AJ agreed with him, Albert White lost his appeal for reinstatement. The MSPB is not friendly to workers. White should apply for a disability retirement before March 18, 2009. That’s when his one-year time limit expires. He was represented by Yolanda Elder, General […]