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 […]

MSPB: USPS National Reassessment Process Has Procedural Flaws

John P. Sanchez v. U.S. Postal Service Appeal Type: Restoration to Duty Decision Number: 2010 MSPB 121 Issuance Date: June 25, 2010 The appellant is a non-preference eligible Mail Processing Clerk who sustained a work-related injury in 1992, and thereafter worked in a series of limited duty assignments. In 2009, as part of its National […]

MSPB Threatens To Withhold Postal Official's Pay Until USPS Compliance With Order

Appellant:  Reginald B. Day Agency:  United States Postal Service Decision Number:  2010 MSPB 63 Docket Number:  AT-0752-09-0163-X-1 Issuance Date:  April 13, 2010 Appeal Type:  Adverse Action by Agency Action Type:  Constructive Adverse Action Compliance        This case was before the Board pursuant to a recommendation of the administrative judge that the Board grant the appellant’s petition […]

Appeals Court Upholds Demotion of Postal Supervisor For Unacceptable Conduct

Mr. (Eligido) Galino worked as a Supervisor, Customer Service, EAS-17 for the United States Postal Service (USPS) in Sacramento, California. On August 12, 2008, an incident occurred between Window Clerk Jeannine Teefey and Mr. Galino, her supervisor. Later that day, Ms. Teefey sought to discuss this incident with Anderson English, a manager. The three individuals […]

Postal Employee Gets 30-day Suspension for Hatch Act Violation

Mikki DeWitt is a Rural Carrier Associate in Ewen, MI 49925.  The normal penalty for violation of the Hatch Act is removal. UNITED STATES OF AMERICA MERIT SYSTEMS PROTECTION BOARD 2010 MSPB 59 Docket No. CB-1216-09-0021-T-1 Special Counsel, Petitioner, v. Mikki DeWitt, Respondent. March 30, 2010 Erica S. Hamrick, Esquire, Washington, D.C., for the petitioner. […]