Postmaster Removed for Inappropriate Behavior Toward Employee He Fired

By Susan McGuire Smith – February 13, 2020 In Ferguson v. U.S. Postal Service (CAFC No. 2019-1403 (nonprecedential) 11/7/19), a postal manager fought to get his job back after he was accused by a woman employee removed for poor performance of making inappropriate comments and gestures toward her while she worked for him. Mr. Ferguson…

 Continue reading

Connolly-McKinley Reintroduce Postal Employees Appeal Rights Legislation

Washington, January 17, 2019 Today, Representatives Gerry Connolly (D-VA) and David McKinley (R-WV) reintroduced H.R. 597, the Postal Employees Appeal Rights Amendments Act, to expand U.S. Merit Systems Protection Board appeals rights to mid-level U.S. Postal Service Management. Connolly and McKinley previously introduced the legislation in the 115th Congress. “This is about ensuring a fair…

 Continue reading

Postal Employee Ordered to be Removed for Violating Hatch Act

By Ian Smith – August 2, 2018 OSC filed a complaint of Hatch Act violations with the Merit Systems Protection Board (MSPB) in March 2018 after the employee, a postal mail processing clerk, ran in two 2017 partisan elections. According to the complaint, the Hatch Act specifically prohibits USPS employees from running for election to…

 Continue reading

Postmaster’s Removal for Unacceptable Conduct Upheld by Federal Appeals Court

“The United States Postal Service removed Ramon Canarios from the position of Postmaster based on a charge of unacceptable conduct, supported by numerous specifications of particular incidents. Mr. Canarios appealed the removal decision to the Merit Systems Protection Board, which upheld the removal. We affirm.” Mr. Canarios began working for the Postal Service on July…

 Continue reading

Federal Court Dismisses Appeal to MSPB (based on bipolar disorder) of Postal Supervisor’s 2010 Removal

On appeal, Mr. Vaughan argues that he did not voluntarily execute the settlement agreement because of his disability, and because he was informed by the administrative judge via telephone that a video recording of the incident giving rise to the removal “spoke a thousand words.” Mr. Vaughan failed to present sufficient evidence to establish that…

 Continue reading

USPS ELM Revision: Back Pay Limitations

Effective April 16, 2015, the Postal Service™ is revising the Employee and Labor Relations Manual (ELM) section 436.2 to clarify the exception which allows uncapped annual leave to be recredited, relative to the processing of a back pay claim. 4 Pay Administration 430 Basic and Special Pay Provisions 436 Back Pay 436.2 Limitations [Revise the…

 Continue reading

The new rules of enforced leave – MSPB shifts burden of proof to the agency

If you’re in an agency that places employees on forced leave, beware: The law has changed, and how the Merit Systems Protection Board will adjudicate an appeal of such actions has dramatically shifted. A Postal Service supervisor for customer services submitted a request to work on light-duty assignment. The employee’s supervisor denied her request on…

 Continue reading