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 âspoke a thousand words.â Mr. Vaughan failed to present sufficient evidence to establish that…
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…
If youâre 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 employeeâs supervisor denied her request on…
A Postal Service Customer Services Manager in Chicago, removed for various lapses in supervisory responsibilities, has lost her court appeal. (Montgomery v. United States Postal Service (CAFC No. 2014-3049 (nonprecedential), 6/12/14)) According to facts as reported by the courtâs opinion, Ms. Montgomeryâs removal cited several problems. The agency cited several instances of failing to perform…
Court of Appeals for the Federal Circuit Montgomery v. USPS JEAN A. MONTGOMERY, Petitioner, v. UNITED STATES POSTAL SERVICE, Respondent. 14-3049 (Fed. Cir. Jun. 12, 2014) Decided June 12, 2014 Before PROST, Chief Judge, DYK and WALLACH, Circuit Judges. PER CURIAM The United States Postal Service (âagencyâ) removed Petitioner Jean A. Montgomery for failure to…
United States Court of Appeals, Second Circuit. AMERICAN POSTAL WORKERS UNION, AFLâCIO, PlaintiffâAppellee, v. UNITED STATES POSTAL SERVICE, DefendantâAppellant. No. 13â2579âcv. Decided: June 6, 2014 Before WINTER, WALKER and CABRANES, Circuit Judges. Sarah T. Kanter (Darryl J. Anderson, on the brief), O’Donnell, Schwartz & Anderson, P.C., Washington, DC, for PlaintiffâAppellee American Postal Workers Union, AFLâCIO….
