Robert L. Stephens v. Postmaster General, United States of America and American Postal Workers Union, Afl-Cio

Plaintiff Robert Stephens was removed from his position in the Postal Service. As a veterans’ preference eligible employee, Stephens could appeal his discharge to the Civil Service Commission (“CSC”) or through the grievance procedures provided him as a bargaining unit employee. Stephens initially appealed his removal through the grievance and arbitration procedures. Before the case was arbitrated, however, and more than seven weeks after he received notice of his removal, he appealed to the CSC. This appeal was rejected as not timely filed. The CSC noted that Stephens had received notice of his appeal rights, including his right to appeal within fifteen days of the effective date of removal. Stephens appealed to the CSC’s Board of Appeals and Review, which affirmed. Stephens was also notified of his right to appeal through the union grievance procedures. A copy of the provision in the 1973 Postal Service Collective Bargaining Agreement which pertained to veterans was attached to the notice of removal which was hand-delivered to Stephens:

Subsequent to the affirmance of the CSC’s decision by the Board of Appeals and Review, the Postal Service informed the union that Stephens had…