MSPB Issues Precedent-Setting Decision in NRP Cases

Postal workers who were injured on the job won an important victory on Feb. 24, when the Merit Systems Protection Board (MSPB) issued a precedent-setting decision [PDF] in the case of James C. Latham et al v USPS. The ruling has important implications for postal workers who were affected by the Postal Service’s National Reassessment […]

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, […]

Retired Postal Worker Fights To Get Job Back After 20 Years

Charles Johnson worked for the United States Postal Service from 1960 until he accepted an early retirement offer on November 20, 1992, at age 52. The following is from the Court of Appeals, Federal Circuit  and the MSPB. JOHNSON v. MERIT SYSTEMS PROTECTION BOARD CHARLES G. JOHNSON, Petitioner, v. MERIT SYSTEMS PROTECTION BOARD, Respondent. No. […]

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MSPB Begins Posting Nonprecedential Decisions On Its Website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the following press release: The U.S. Merit Systems Protection Board (MSPB or the Board) began posting on its website nonprecedential orders issued on or after October 1, 2011. Nonprecedential decisions were not previously on the MSPB website. A nonprecedential order is one that the Board has determined does […]

MSPB Accepting Amicus Briefs in Postal Workers’ National Reassessment Process Cases

Thanks to a reader for alerting us to this notice. The Merit System Protection Board (MSPB) has announced an opportunity for interested parties to file amicus briefs (Literally, friend of the court. A person with strong interest in or views on the subject matter of an action, but not a party to the action) […]

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). […]

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, […]