Donald C. Miles v. United States Postal Service, Ken Strom, and Does 1-10, Inclusive

Appellant, on June 4, 1975, brought suit below against the United States Postal Service (Postal Service) and Ken Strom, the Postmaster at the Pacifica, California, Post Office, for breach of contract and misrepresentation. On January 23,1976, the district court granted Strom’s motion for summary judgment. On March 10, 1976, the district court, after reconsideration, granted the summary judgment motion of the Postal Service. Appellant now seeks reversal of that order granting summary judgment to the Postal Service.

Appellant was hired by the Postal Service in Pacifica, California, as a mail handler on February 1, 1975. Appellant alleged that the postmaster of the Pacifica facility, Ken Strom, orally promised appellant that his would be a full-time appointment entailing a forty to forty-five-hour work week. Appellant further alleges that, contrary to this oral agreement, he was allowed to work only 30 hours a week. Following an alleged meeting with Strom concerning the short hours, appellant resigned his position on February 26, 1975. Appellant was not a member of the mail handlers union at any time during the course of his employment, nor did appellant, prior to filing this…