Antoniou v. USPS

• Court: Court of Appeals for the Federal Circuit
• Decided: January 25, 2024
• Docket: 23-2385
• Status: Unpublished

Opinion

Case: 23-2385 Document: 13 Page: 1 Filed: 01/25/2024

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________

MICHAEL ANTONIOU, Petitioner

v.

UNITED STATES POSTAL SERVICE, Respondent ______________________

2023-2385 ______________________

Petition for review of No. 4G19N-4G-D-2333 8774. ______________________

Before LOURIE, PROST, and STOLL, Circuit Judges. PER CURIAM. ORDER In response to this court’s October 25, 2023, order di- recting the parties to show cause regarding our jurisdic- tion, the United States Postal Service urges dismissal. Michael Antoniou has not filed a response. Mr. Antoniou’s union filed a grievance challenging his notice of removal as a letter carrier with the United States Postal Service. On August 4, 2023, a dispute resolution team concluded that Mr. Antoniou’s removal would be sus- tained unless he voluntarily resigned. Mr. Antoniou then Case: 23-2385 Document: 13 Page: 2 Filed: 01/25/2024

filed a petition for review with this court, challenging that August 4, 2023, decision. This court’s jurisdiction is limited. Although the court has jurisdiction over “an appeal from a final order or final decision of the Merit Systems Protection Board,” 28 U.S.C. § 1295(a)(9), and to “review . . . arbitration awards under a negotiated grievance procedure pursuant to [5 U.S.C. §] 7121(a),” Burke v. USPS, 888 F.2d 833, 834 (Fed. Cir. 1989) (citing § 7121(f)), Mr. Antoniou acknowledges that the “case never went to MSPB or Arbitration,” ECF No. 6 at 3. Rather, this is a direct appeal from a USPS dispute resolution team’s decision. Such appeals are out- side our authority to directly review. Accordingly, IT IS ORDERED THAT: (1) This matter is dismissed. (2) Each party shall bear its own costs. (3) All pending motions are denied. FOR THE COURT

January 25, 2024 Date