Scipio E. Spinks v. United States Postal Service

The appellant, Scipio Spinks, is employed by the United States Postal Service in Oakland, California, as a supervisor. Until November of 1975, he worked on tour one (11 p. m. to 7:30 a. m.), when he was transferred to tour three (3:30 p. m. to midnight). Supervisors were then paid, in addition to their base pay, an hourly night differential premium for each hour worked at night. Since the transfer resulted in his working fewer nighttime hours, his night differential pay was reduced by approximately $14.00 per week as a result of the transfer. He filed this action in district court seeking review of the transfer on various grounds. We affirm the district court’s granting of summary judgment in favor of the Postal Service.

Spinks’ only contention which merits any extended discussion is that the transfer was an “adverse action” within the meaning of the Postal Service Regulations and that he was therefore entitled to the additional grievance procedures, including a hearing, afforded those aggrieved by “adverse actions.”

The Postal Service Manual at the time relevant to this litigation defined “adverse actions” as those involving “discharges, suspension of more than 30 days,…

dissenting:

With deference I dissent. The relevant statute, 39 U.S.C. § 1001 (b), provides that the Postal Service shall grant an aggrieved employee a hearing in cases involving “adverse actions.” The Postal Service Manual defines adverse actions as those involving “discharges, suspensions of more than 30 days, furloughs without' pay or reductions in rank or pay.” PSM, part 444.221. [Emphasis added.] By the transfer, Spinks’ annual earnings were reduced by approximately $788 per annum. I can find no justification in reading the words “reduction in pay” as not having application to Spinks’ reduction in pay of this amount. These regulations, obviously for the protection of the employee, should be given a literal application when the employee’s rights are involved and are favored by such interpretation.

621 F.2d 987 Scipio E. SPINKS, Appellant, v. UNITED STATES POSTAL SERVICE, Appellee. No. 77-3858. United States Court of Appeals, Ninth Circuit. June 19, 1980. Ira M. Kleinman, Oakland, Cal., for appellant. John Arbuckle, San Bruno, Cal., Robert S. Mueller, III, Asst. U. S. Atty., San Francisco, Cal., for appellee. Appeal from the United States District Court for the Northern District of California. Before TUTTLE * , SKOPIL and SCHROEDER, Circuit Judges. SCHROEDER, Circuit Judge: 1 The appellant, Scipio Spinks, is employed by the United States Postal Service in Oakland, California, as a supervisor. Until November of 1975, he worked on tour one (11 p. m. to 7:30 a. m.), when he was transferred to tour three (3:30 p. m. to midnight). Supervisors were then paid, in addition to their base pay, an hourly night differential premium for each hour worked at night. Since the transfer resulted in his working fewer nighttime hours, his night differential pay was reduced by approximately $14.00 per week as a result of the transfer. He filed this action in district court seeking review of the transfer on various grounds. We affirm the district court's granting of summary judgment in favor of…