National Post Office v. United States Postal Service

751 F.2d 834
CourtCourt of Appeals for the Sixth Circuit
DecidedJanuary 3, 1985
DocketNo. 83-3612
StatusPublished
Cited by11 cases

This text of 751 F.2d 834 (National Post Office v. United States Postal Service) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
National Post Office v. United States Postal Service, 751 F.2d 834 (6th Cir. 1985).

Opinion

STEWART, Justice (Retired).

Appellants are a national labor union which is party to a collective bargaining agreement with the United States Postal Service, and a local of the national union located in Ohio. For convenience, appellants hereinafter will be referred to collectively as “the union.” In 1982, the Union filed suit to obtain review of two arbitration decisions concerning disciplinary actions taken by the Postal Service against an employee who was charged with, and subsequently pleaded guilty to, trafficking in marijuana. After holding an evidentiary hearing, the District Court ruled, contrary to the Union’s contentions, that the Postal Service had complied with the initial arbitration award in favor of the employee, and that the second arbitration decision upholding the subsequent discharge of the employee should be sustained. On appeal, the Union seeks reversal of both rulings.

I

On November 30, 1980, the employee was arrested and charged with aggravated trafficking in marijuana in violation of Ohio criminal law. On December 4, however, a magistrate dismissed the charges against the employee, apparently because the re-. suits of chemical testing performed on certain seized materials were unavailable. Also on December 4, the employee received a letter from the Postal Service dated December 3, 1980, notifying him that he would be suspended indefinitely from his job no sooner than seven days after December 4, “pending investigation” of the arrest and attendant circumstances. The notice stated that “[tjhere is reasonable cause to believe that you are guilty of a crime for which a sentence of imprisonment can be imposed.” Despite the employee’s response to this letter, stating that the charges had been dropped and that he was innocent, the Postal Service effected the employee’s indefinite suspension on December 17, 1980, thirteen days after his receipt of the notice. The Postal Service did not interview the employee prior to taking this action.

The employee then filed a grievance pursuant to the collective bargaining agreement (hereinafter the agreement) protesting his suspension. Article XVI of the agreement provides in relevant part as follows:

Section 3. Suspensions of More Than 30 Days or Discharge. In the case of suspensions of more than thirty (30) days, or of discharge, any employee shall, unless otherwise provided herein, be entitled to advance written notice of the charges against him/her and shall remain either on the job or on the clock at the option of the Employer for a period of thirty (30) days.....When there is reasonable cause to believe an employee is guilty of a crime for which a sentence of imprisonment can be imposed, the Employer is not required to give the employee the full thirty (30) days’ advance written notice in a discharge action but shall give such lesser number of days advance written notice as under the circumstances is reasonable and can be justified. The employee is immediately [837]*837removed from a pay status at the end of the notice period.
Section 4. Indefinite Suspension— Crime Situation.
A. The employer may indefinitely suspend an employee in those cases where the Employer has reasonable cause to believe an employee is guilty of a crime for which a sentence of imprisonment can be imposed. In such cases, the Employer is not required to give the employee the full thirty (30) days’ advance notice of indefinite suspension, but shall give such lesser number of days of advance written notice as under the circumstances is reasonable and can be justified. The employee is immediately removed from a pay status at the end of the notice period.
B. The just cause of indefinite suspension is grievable. The arbitrator shall have the authority to reinstate and make the employee whole for the entire period of the indefinite suspension.
D. The Employer may take action to discharge an employee during the period of indefinite suspension whether or not the criminal charges have been resolved, and whether or not such charges have been resolved in favor of the employee. Such action must be for just cause, and is subject to the requirements of Section 3 of this Article.

If an employee grievance proceeds to arbitration, Article XV of the agreement provides in Section 4(A)(6) that:

All decisions of an arbitrator shall be final and binding. All decisions of arbitrators shall be limited to the terms and provisions of this Agreement, and in no event may the terms and provisions of this Agreement be altered, amended or modified by an arbitrator.

After proceeding through various preliminary steps, the employee’s suspension grievance proceeded to an arbitration hearing held in March 1981 before an arbitrator named Seidman. On May 21, Seidman issued a decision setting aside the employee’s suspension. Seidman interpreted the agreement to require that before the Postal Service can suspend an employee based on criminal charges alone, the Postal Service “must make its own independent investigation” of the charges. Absent such an independent investigation, Seidman held that the fact of arrest followed by dismissal of criminal charges and a protestation of innocence was “insufficient information” on which to base the suspension. Seidman therefore ordered that the employee be “reinstated to his former position in the Columbus Post Office” with back pay. While noting that the Postal Service was not barred from taking further action against the employee after an independent investigation and evaluation of the charges, Seid-man stated that any such investigation “shall include” an arrangement to personally interview the employee.

Neither party sought immediate review of the Seidman award. In the meantime, on February 18, 1981, a grand jury had indicted the employee for trafficking in marijuana based on the same events that had led to his original arrest.1 The Postal Service therefore did not permit the employee to return to his position in the Columbus Post Office after the Seidman award, but instead placed him on “administrative leave” at his normal pay rate.

Then, on July 1, 1981, the Postal Service sent the employee a notice that he would be discharged no sooner than seven days after his receipt of the notice. The notice again stated that “[tjhere is reasonable cause to believe that you are guilty of a crime for [838]*838which a sentence of imprisonment can be imposed.” The notice also recited the prosecutor’s version of the events that had led to the employee’s arrest. The employee’s discharge actually became effective on July 21, 1981, seventeen days after his receipt of the notice.

The employee and the Union then pursued a second grievance to arbitration, this time protesting the discharge. A different arbitrator named Haber held an evidentiary hearing on this grievance on February 19, 1982. The Union now contends that this hearing was unfair due to the arbitrator’s “misconduct,” which the Union alleges consisted of placing unreasonable time restrictions on the length of the hearing, refusing to allow some Union witnesses to testify, and “dozing” during the Union’s presentation. No verbatim record that might shed clear light on these allegations was kept of the Haber arbitration hearing.

On March 23, 1982, Haber issued a decision refusing to vacate the discharge.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
751 F.2d 834, Counsel Stack Legal Research, https://law.counselstack.com/opinion/national-post-office-v-united-states-postal-service-ca6-1985.