Submitted by Don Cheney, Auburn, WA 

Kenneth Jones vs. US Postal Service, illustrates why postal employees should think twice before appealing their discipline to the Merit Systems Protection Board.  They have a better chance of success in the grievance procedure.

When Jones lost his appeal before the MSPB, he appealed to the Federal Circuit Court of Appeals and lost again.  They wrote: “Although it seems to us to be a close decision and a harsh penalty, the removal was within the agency’s discretionary authority, the agency directing our attention to previous notices to Mr. Jones concerning the need to obey orders.  The Board’s decision to defer to the agency’s choice of penalty is within the Board’s authority, and must be affirmed.”

At MSPB the agency doesn’t have to prove “just cause.”  Instead, the question to be decided is “Does the discipline promote the efficiency of the service?”  The answer is “Yes” about 95% of the time.  The reasonableness of the discipline is usually left up to the agency’s discretion!  In Jones case the Court felt it to be “a harsh penalty,” but upheld it anyway as did the MSPB.