MSPB Finds Constructive Suspension and Disability Discrimination in USPS Return-to-Work Dispute

The appellant, a Window Clerk, left work on December 15, 2016, after suffering an anxiety attack that triggered an asthma attack. On January 12, 2017, his psychologist contacted the agency, stating that the appellant’s episode was psychological in nature and that he had sufficiently recovered to return to work with no restrictions. He reported to…

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Federal Circuit affirms MSPB decision in USPS firing of forklift operator

Summary of MSPB Case Decision in Nagle v. USPS No. 22-1306 (Fed. Cir. July 7, 2022) (PH-0752-20-0313-I-2) The agency removed Mr. Nagle on charges of failure to comply with leave procedures, failure to follow instructions set forth in the pre-disciplinary interview letter, and 75 instances of AWOL. On appeal to the Board, the administrative judge…

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APWU: New Resources Available for Veterans

June 10, 2021 On June 7, the APWU posted three new resources compiled for APWU members who are Veterans of the Armed Services. The first is the APWU Guide to Veterans Rights and Benefits, produced by the Industrial Relations Department. The others are the Veterans Affairs (VA) Office of Mental Health and Suicide Prevention Guidebook…

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By Susan McGuire Smith – February 13, 2020 In Ferguson v. U.S. Postal Service (CAFC No. 2019-1403 (nonprecedential) 11/7/19), a postal manager fought to get his job back after he was accused by a woman employee removed for poor performance of making inappropriate comments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

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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…

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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…

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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…

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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…

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