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LEGAL BRIEFS of Postal Employee Cases

(EEOC, MSPB, Appeals, District Courts)

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U.S. Courts

(disclaimer: the cases are for informational purposes and not a substitute for legal advice)

(11/29/12) Removal - For Cause: Postal Employee appealed his removal for unsatisfactory work performance. MSPB affirmed the removal. The Court found that substantial evidence showed that the employee violated an important safety policy relating to use of delivery vehicles in conducting USPS business. Therefore, the Court affirmed the  MSPB 's decision. Warren v. U.S. Postal Service (.2012)
(11/29/12)Similarly Situated Employees: Postal Employee appealed the Postal Service's decision to remove her being arrested for possession of illicit drugs. The Administrative Judge mitigated the removal to a 90-day suspension. MSPB found that the removal was not justified in light of the lack of penalty for another employee who was indicted for a similar offense but only suspended. Therefore, the MSPB ordered the Postal Service to cancel the removal and substitute the 90-day suspension in its place. Boucher v. U.S. Postal Service (2012) MSPB
(11/29/12) Settlement Agreements - Validity: Postal Employee alleged that USPS violated the parties' settlement agreement when it failed to make a position available to her. The EEOC found that USPS could avoid its contractual duties by simply deciding not to create the new position, and therefore, any consideration offered to the employee in exchange for her withdrawal of her complaint was illusory. The EEOC remanded the case to reinstate the employee's underlying complaint. Beal v. Donahoe (2012)
(11/29/12) Reprisal Discrimination - Causation: Postal Employee alleged that he was subjected to reprisal for prior protected EEO activity when USPS issued a letter of warning and several notices of suspension. The Administrative Judge found no discrimination. However, the EEOC found that a strong inference of causation could be made in the employee's favor because he began to suffer retaliatory actions within three months of initiating a formal complaint by the same management official named in that formal complaint. Therefore, the EEOC reversed and remanded the case. Peterman v. Donahoe (2012), EEOC

(6/22/04)-EEOC: Class Certification Proper. Colorado Postmaster's formal complaint asserted that USPS's application of its merit evaluation system, which imposed a 10% cap on managers receiving a "far exceeds" rating, resulted in female postmasters being denied the opportunity to be eligible for and receive a "far exceeds" merit rating. EEOC subsequently certified a class of all female postmasters employed in 1999. EEOC modified the definition of the class to encompass: female postmasters whose performance exceeded expectations but received a "met expectations" rating due to the 10 percent cap. The class complaint, as modified, was remanded to an EEOC District Office for processing. 2001 Background of Holmes, et al. v. USPS case (link no longer is working)

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