(Download) "Weiss v. United States Postal Service" by United States Court of Appeals for the First Circuit * eBook PDF Kindle ePub Free

eBook details

Title: Weiss v. United States Postal Service
Author : United States Court of Appeals for the First Circuit
Release Date : January 16, 1983
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 64 KB

Description

COFFIN, Chief Judge. Charging that plaintiff had been AWOL on three occasions and citing five past disciplinary actions in plaintiff's record, the United States Postal Service proposed to discharge plaintiff. On plaintiff's administrative appeal, the presiding official of the Merit Systems Protection Board (MSPB) found plaintiff had been AWOL on the three specified dates, but, applying a preponderance of the evidence standard, concluded the Postal Service had failed to prove removal was an appropriate penalty and reduced the penalty to a fourteen day suspension. The Postal Service appealed to the MSPB which reversed the presiding official and upheld the Postal Service's decision to remove plaintiff, whereupon plaintiff filed this appeal. The issue on appeal is the appropriate standard of administrative review of the Postal Service's penalty determination.