Prior discipline counts
EXECUTIVE MEMO
The Merit Systems Protection Board can look at pending disciplinary actions when reviewing terminations and other serious disciplinary actions, according to a Nov. 13 Supreme Court ruling.
"There is nothing arbitrary about the board's decision to independently review prior violations," Justice Sandra Day O'Connor wrote in the high court's opinion.
The case originated in 1997 when the Postal Service fired Maria Gregory, a letter carrier in Hinesville, Ga., for overestimating the time needed to complete a mail route. Postal officials considered her prior disciplinary record when making the decision to fire her. At the time she was fired, Gregory had challenged three prior disciplinary actions. The Postal Service later dropped Gregory's first pending disciplinary action-the basis for the other two actions.
Gregory appealed her dismissal to the Merit Systems Protection Board, which upheld her firing, but the Court of Appeals overturned the board's decision saying it could not consider Gregory's previous disciplinary actions.
The Supreme Court remanded the case back to the Court of Appeals to determine whether Gregory's dismissal was fair.
-Tanya N. Ballard
In addition, make sure to read these articles:
- Grievance procedure not necessarily sole remedy for union employees.
- Recent Supreme Court Ruling and eBay Pricing
- Quick Tips: Limiting Liability in Retirement Plans
- Letters
- When prior punishments don't count
- A Wrong Turn on Employee Appeals
- Crime and punishment
- Representing the Agency Before the Merit Systems Protection Board.
- 'Merit Systems Protection Board: Rights and Remedies' Analyzes the Restrictions on Agency...
Email
Digg It
del.icio.us
Related Resources
Press Releases
- Biomet's Patent Infringement Lawsuit Against Medtronic Continues After Appellate Court Ruling.
- Philip Morris USA Urges Florida Supreme Court To Uphold Lower Appellate Court Decision To Decertify Engle Class And Vacate Judgment.
- New Study Shows Communications Companies Split on Appeal of Circuit Court Decision to Supreme Court.
Business Resources
Sponsored Links
Site Map | Contact Us | FAQs | About Us | Media Kit | Reprints | RSS Directory | Sign Up for Free Newsletters | Disclosure Policy
Copyright © 1999 - 2008 AllBusiness.com, Inc. All rights reserved.
No part of this content or the data or information included therein may be reproduced,
republished or redistributed without the prior written consent of AllBusiness.com.
Use of this site is governed by our Copyright and Intellectual Property Policy, Terms of Use Agreement and Privacy Policy.
Provided by ProQuest, LLC. All rights Reserved.
You may not repost, republish, reproduce, package and/or redistribute the content of this page,
in whole or in part, without the written permission of the copyright holder.
Online Business Database | Online Business Information | Sales and Marketing Solutions | Business Mailing Lists
AllBusiness.com, its parent company D&B, and its affiliates.
