Kenneth A. Johnson v. United States Postal Service and National Rural Letter Carriers Association

Kenneth A. Johnson was discharged from the U.S. Postal Service following his conviction for third-degree theft arising from off-duty conduct. Johnson and his wife sued the Postal Service and his union for reinstatement, damages and backpay. The plaintiffs alleged breach of the collective bargaining agreement by the Postal Service and violation of the union’s duty of fair representation. Following presentation of the plaintiff’s case on liability, the district court granted the defendants’ Rule 41(b), Fed.R.Civ.P., motions for dismissal and entered oral findings. We affirm.

FACTS

Johnson, a college graduate, was hired by the U.S. Postal Service in the spring of 1975 as a part-time substitute rural letter carrier in Spokane. Rural carriers act as traveling post offices, selling stamps and money orders to customers.

In June 1976, Johnson became a full-time rural carrier assigned to Spokane’s Rosewood Station. He served approximately 500 patrons and drove 100 miles per day.

Previously, full-time rural carrier positions were filled by appointment based on system-wide seniority. Johnson was promoted to full-time status pursuant to a new contract agreement which gave senior part-time…