United States Federal Circuit

Petition for review of a final decision of the Merit Systems Protection Board affirming the U.S. Postal Service's decision to remove petitioner from employment is granted, the Board's ruling is vacated and the matter remanded for further proceedings where the Board erred in failing to consider whether a procedural error -- improper consideration of petitioner's alleged past instances of misconduct, which were conveyed to the deciding official through ex parte communications and were not included in petitioner's Notice of Proposed Removal -- was harmful and in failing to address the due process issues arising out of the ex parte communications.

Appellate Information

• Decided 02/17/2011
• Published 02/17/2011

Judges

• PROST

Court

• United States Federal Circuit

Counsel