Postal Worker Fired for Refusing to Work on DBCS Machine
Sidney Wyche appealed the Postal Service’s August 20, 2005 decision to remove him from his position as a mail processing clerk at the Baton Rouge, Louisiana Processing and Distribution Center. The Postal Service removed Wyche for “failure to follow instructions.”
Wyche had refused to perform work on a Delivery Bar Code Sorter (DBCS) machine, claiming that working alone on the machine violated his doctor’s instructions. He also refused to participate in the reasonable accommodation process. The Court found that the employee never responded to the Postal Service’s requests seeking clarification of his condition or provided evidence of a medical condition or disability. The Court affirmed the removal as the proper exercise of the Postal Service’s discretion.
The Merit System Protection Board found that “Mr. Wyche: (1) did not to follow instructions to operate the DBCS machine alone when doing a “first pass” or when mail volume was low; (2) did not identify any specific safety procedure that was violated by the instructions he refused to follow; and (3) though offered multiple opportunities to submit medical evidence of some condition or disability that would prevent him from performing his assigned duties, did not submit medical evidence that he required an accommodation.
The Board concluded the “Postal Service did not discriminate on the basis of disability, as Mr. Wyche did not establish he was a “qualified individual with a disability” pursuant to 29 C.F.R. § 1630.2(g). The Board also concluded that the Agency complied with the union contract or a settlement agreement, which clearly states that staffing the DCBS machine with one person during limited volume, i.e. low volume or “first pass,” is proper. It also found Mr. Wyche’s removal proper, as employee misconduct is left to the sound discretion of the agency and that the Agency gave due and proper consideration to the factors set out in Douglas v. Veterans’ Administration, 5 M.S.P.R. 280, 306 (1981).”
“An employee does not have an unfettered right to disregard an order merely because there is substantial reason to believe that the order is not proper. The employee must first comply with the order and then register his complaint or grievance, except in limited circumstances where obedience would place the employee in a clearly dangerous situation. Thus, the Board’s ruling is in accordance with the law and supported by substantial evidence. Accordingly, this court affirms.”
Wyche v. U.S. Postal Service - C.A.Fed.2006-PDF



November 28th, 2006 at 12:18 pm
the time has come..and it’s about time!
December 1st, 2006 at 6:42 am
Was this not one of those VPP Star facilities? I thought everything was supposed to be wonderful there. I thought everyone was supposed to “get along” in a VPP facility. So even in a VPP site the medical restrictions can be violated?
December 1st, 2006 at 11:43 am
And just think, I got a two week suspension for deliberating delaying the mail (I was a secretary) as well as failure to follow instructions.
The instruction:
Get out of MY office!
December 8th, 2006 at 10:13 am
Dissband the mspb,you are totally useless and do not serve in the veterans best interest..Not only in this case but many other ones.
December 10th, 2006 at 9:08 am
I repeatedly see hostile comments from It’s latina time. If you are working so hard how do you have the time to post so many comments. Are you sure you work at the Post Office? or are you maybe a mystery shopper? That would explain your hostile attitude that all craft employees are yours to judge.
December 21st, 2006 at 10:17 pm
Sounds like this person was too ignorant to follow the right steps to get light duty and too ignorant to follow directions in order to keep the job.
January 27th, 2007 at 7:37 am
Sounds like another SUPERVISOR HARRASSING PROBLEM. What is it about the mindset of a Postal Supervisor. What a sick lonely pitiful life these people must lead to have so much feeling of power and accomplishment at work while they are harassing people. SICK, SICK, SICK. I hope this guy gets his job back. We have supervisors here who do everything WRONG they are not held accountable for CRAP. It is amazing the ASShole Supervisors exist everywhere folks. Keep on playing the game
February 11th, 2007 at 12:57 pm
I’ve seen this scenario many times. The clerk forgets that he is an employee of the USPS. He thinks because he somehow passed the entrance test and got through the 90 day probation, he is home free. Working becomes “optional.” Then he cops an attitude when he is expected to do a fair days work for a fair days pay. If he had a heart condition precluding him from doing his job, the doctor could have supplied documents to support it. It sounds like the guy just forgot he had to follow instructions in order to continue getting the paycheck that, in his state, could allow him to live pretty high on the hog. Let this be a lesson to others who may start feeling a little too high and mighty.
February 24th, 2007 at 12:12 pm
I thought that it was to dangerous to run a DBCS alone. It is a safety issue that any lawyer would love to hear about.
April 5th, 2007 at 4:33 pm
Am I wrong in believing that DBCS machines are suppose to have 2 people? What are the regulations in regard to safety? Does it vary from facility to facility, or is it the same everywhere? If it is a safety issue, let OSHA know.
You can contact OSHA at their website, by phone and / or mail. If you contact OSHA at their website you will be required to give them basic information about yourself, who you are, but they don’t let your facility know your identity unless you are okay with it. Just google OSHA.
May 11th, 2007 at 6:50 am
you have to be a first class moron to get fired from the post office. what this jerk should have done is follow orders,get hurt,go out on comp and sue the post office–he got it all wrong–what do you expect from a stupid clerk anyway.if you think what I do is easy,its because I make it look that way.think its easy,take the test,pass the schools,get my pay.
May 25th, 2007 at 6:01 am
yes we operated the dbcs with one person for all types of mail runs. thats how we scored high when it came to competing against other facilities. sydney was my co worker and he had a cause but he did not follow procedures and cover his ass. he fought the law and the law won.
June 1st, 2007 at 5:00 am
Anon is correct, the DBCS is to ran by two (2) people. The Ergonomic Risk Reduction Process (ERRP) outlines rotation on the machine as an integral step in reducing MSD’s (musculoskeletal disorders). The rotation between feeder and sweeper takes place every 30-45 minutes, no exceptions. This is language out of the DBCS certification presentation created by ERRP. Also, the JSA (Job Safety Ananlysis)forms for the DBCS should have descriptive info on proper operation. These forms can and should, be reviewed, as necessary, by the local Safety & Health Committee, as well as an SOP for the machine. JSA’s and SOP’s are to be kept in a area accessible to all employees for review and made available upon request.
March 4th, 2009 at 4:59 am
It is not a grievance to run the automation equipment with one employee. You must show a distinct safety issue to call it a safety grievance. McCarthy MOU.
March 31st, 2009 at 5:27 am
4 years 4 months.
March 31st, 2009 at 10:06 pm
It makes no sense for person to refuse to do thier job or give a good days work for good days pay.. Wake up AMERICA times are achanging and either you get with the program or you will wake up program will be over and you have missed it. Postal service much like any other BUSINESS is now realizing the days of lackadaisical work force and high pays are gone. SO BE HAPPY YOU GOT JOB.. iTS BEEN RECORDED IN RECENT DAYS THAT AT SOME pOST oFFICES THERE HAVE BEEN LINE WOITH hUNDREDS OF PEOPLE TRYING TO TAKE TEST FOR ONE POSITION. Wake up smell the roses the DAYS of GRAVY TRAIN are gone and you are going to be left at the Dept..
April 3rd, 2009 at 3:22 pm
we lost that in an arb. case.reason:the sweeper does’nt pull a bin probably for the first hour on the first pass.its tough to run outgoing bbm with one person.if mgmt.wants u to run by yourself,when bins fill up stop the machine and pull the bins.WHATS THE PROBLEM!we have to many people that fight mgmt, on every little stupid thing.Just do your job and you will be left alone.MOST OF THE TIME
June 20th, 2009 at 9:53 pm
We have members that complain about working 1 on a machine too. The only problem is that we just don’t have the personnel. Sure, in the past, it was easy to have two to a machine, but without new hires or transfers, we don’t have any new bodies to replace the old. Work like your’e supposed to, grieve later. Union officials cannot tell you not to follow an order from Management, but we can grieve after the fact. The previous posting hits it right on the head…run the machine, stop when it is full. Management’s numbers will suffer and eventually there will be more people. Until then? Stop bitching!!! I’ve heard it already!