Postal Worker Fired For Excessive Use Of Military Leave Wins Partial Court Victory…AGAIN!

Sidenote: Richard Erickson has “served in the military for over two decades, during which time he achieved the highest rank possible for a non-commissioned officer [Sergeant Major], and was awarded the Silver Star and the Army Commendation Medal for Valor.” source: Erickson v. U.S. Postal Service, MSPB Docket No. AT-3443-07-0016-I-2 (Initial Decision, Sept. 26, 2007). […]

Postal Worker Fired For Excessive Use Of Military Leave Wins Partial Court Victory

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 […]

MSPB: Postal Employee Not Entitled To Military Leave Provisions Under USERRA

Below is an MSPB finding the military pay provisions of USERRA inapplicable to the USPS and therefore, upholding the USPS denial paid military time off for non-scheduled days for USPS as the USPS policy and regulations did not provide for it. Merit System Protection Board decision: Welshans vs U. S. Postal Service (PDF) In his initial appeal, […]

Some Reservists May Be Due Back Pay From 1980

An estimated 100,000 to 300,000 current and former reservists employed as federal government civilians may be able to recoup money for leave days that were improperly charged to them dating back to 1980. The Federal Circuit Court of Appeals ruled Aug. 28 that Jose Hernandez, a retired Air Force civilian aircraft mechanic, was entitled to […]

APWU: Military Leave Ruling Applies to Postal Employees

by Greg Bell APWU Industrial Relations Director In the March/April 2006 issue of the American Postal Worker, I wrote about a 2003 court decision that overturned the federal government’s longstanding practice of charging employees “military leave” for non-workdays spent training in the armed forces. The Postal Service, however, had taken the position that the court […]