The Merit Systems Protection Board recently remanded an
appeal to determine whether the U.S. Postal Service committed
harmful error when it removed an employee without holding a
hearing. After the worker was charged with first-degree
murder in connection with a nightclub shooting, USPS
suspended him and later removed him after he was convicted
at trial of reckless endangerment in connection with the
shooting. After both the suspension and the removal, USPS
issued decision notices and informed the employee that he
could file a grievance, but failed to issue a proposal
notice. The employee appealed both the suspension and the
removal arguing that his due process rights had been violated.
MSPB found the agency’s actions in suspending and removing
the man did not violate his minimum due process rights
noting the agency held an investigative interview, issued
decision notices describing charge and explaining the
evidence, and allowed the employee an opportunity to tell
his side of the story by filing a grievance. However,
because the agency was required to issue both a decision
notice and a proposal notice the board found that the USPS
committed an error. MSPB therefore remanded the case to the
agency to determine whether that error was harmful enough
to warrant changing the agency’s decision. Get Full Text
