UNITED STATES OF AMERICA MERIT SYSTEMS PROTECTION BOARD
STEVEN CAMPBELL, DOCKET NUMBER Appellant, AT-0752-24-0579-I-1
v.
UNITED STATES POSTAL SERVICE, DATE: May 28, 2026 Agency.
THIS FINAL ORDER IS NONPRECEDENTIAL 1
Steven Campbell , Evensville, Tennessee, pro se.
Roderick Eves , Esquire, Jennifer C. Kellett , Esquire, and Bobbi Mihal , Esquire, St. Louis, Missouri, for the agency.
BEFORE
Henry J. Kerner, Vice Chairman James J. Woodruff II, Member
FINAL ORDER
The appellant has filed a petition for review of the initial decision, which affirmed the agency’s removal of the appellant from his Supervisor Customer Service position based on a charge of improper conduct. Generally, we grant petitions such as this one only in the following circumstances: the initial decision contains erroneous findings of material fact; the initial decision is based on an
1 A nonprecedential order is one that the Board has determined does not add significantly to the body of MSPB case law. Parties may cite nonprecedential orders, but such orders have no precedential value; the Board and administrative judges are not required to follow or distinguish them in any future decisions. In contrast, a precedential decision issued as an Opinion and Order has been identified by the Board as significantly contributing to the Board’s case law. See 5 C.F.R. § 1201.117(c). 2
erroneous interpretation of statute or regulation or the erroneous application of the law to the facts of the case; the administrative judge’s rulings during either the course of the appeal or the initial decision were not consistent with required procedures or involved an abuse of discretion, and the resulting error affected the outcome of the case; or new and material evidence or legal argument is available that, despite the petitioner’s due diligence, was not available when the record closed. Title 5 of the Code of Federal Regulations, section 1201.115 (5 C.F.R. § 1201.115). After fully considering the filings in this appeal, we conclude that the petitioner has not established any basis under section 1201.115 for granting the petition for review. Therefore, we DENY the petition for review and AFFIRM the initial decision, which is now the Board’s final decision. 5 C.F.R. § 1201.113(b). When, as here, the Board sustains all of the charges, it will review an agency-imposed penalty only to determine if the agency considered all of the relevant factors and exercised management discretion within the tolerable limits of reasonableness. Chin v. Department of Defense, 2022 MSPB 34, ¶ 24; Raco v. Social Security Administration, 117 M.S.P.R. 1, ¶ 13 (2011); Douglas v. Veterans Administration, 5 M.S.P.R. 280, 306 (1981). In determining whether the selected penalty is reasonable, the Board gives due deference to the agency’s discretion in exercising its managerial function of maintaining employee discipline and efficiency. Chin, 2022 MSPB 34, ¶ 24; Raco, 117 M.S.P.R. 1, ¶ 13. The Board will modify a penalty only when it finds that the agency failed to weigh the relevant factors or that the penalty imposed by the agency clearly exceeds the bounds of reasonableness. Chin, 2022 MSPB 34, ¶ 24. The most important factor in determining the reasonableness of the penalty is the nature and seriousness of the misconduct and its relationship to the employee’s duties, including whether the offense was intentional or repeated. Id., ¶ 28; see Rackers v. Department of Justice, 79 M.S.P.R. 262, 282 (1998), aff’d, 194 F.3d 1336 (Fed. Cir. 1999) (Table). Also, of particular significance in this appeal is that the 3
appellant held a supervisory position, and it is well settled that an agency may hold a supervisor to a higher standard of conduct. Edwards v. U.S. Postal Service, 116 M.S.P.R. 173, ¶ 14 (2010). On review, the appellant argues, as he did below, that the agency could have transferred him to a different location rather than removing him. Petition for Review (PFR) File, Tab 1. The administrative judge correctly found, however, that the deciding official properly considered the relevant Douglas factors, including the nature and seriousness of the appellant’s misconduct, its relationship to his duties, that it was repeated and intentional, and that the appellant was a supervisor. Initial Appeal File (IAF), Tab 4 at 101; Tab 7, Initial Decision at 5-6. The deciding official further explained that he lost confidence in the appellant’s ability to perform his duties and that the appellant did not have a good potential for rehabilitation. IAF, Tab 4 at 102. Regarding mitigating factors, the deciding official concluded that the appellant’s 5 years of discipline-free service with the agency was insufficient to outweigh the other Douglas factors. Id. at 101-02. As the administrative judge did, we agree with the agency’s penalty assessment and discern no reason to disturb the initial decision. 2
2 Regarding the appellant’s argument that he has experienced various health benefit-related difficulties because the agency did not take action after proposing his removal, PFR File, Tab 1 at 3, we do not find this argument relevant with respect to the correctness of the administrative judge’s findings. Rather, this is a product of the agency’s internal procedures. Under the agency’s Employee and Labor Relations Manual, Section 651.76, discharged nonbargaining employees who file a Board appeal remain on the rolls in a nonpay, nonduty status until the disposition of the case. U.S. Postal Service, Employee and Labor Relations Manual § 651.76 (Mar. 2024), https://about.usps.com/manuals/elm/html/elmc6_018.htm (last visited May 28, 2026); see Azdell v. Office of Personnel Management, 88 M.S.P.R. 319, 323 (2001) (providing that the Board may take administrative notice of public documents). 4
NOTICE OF APPEAL RIGHTS 3 You may obtain review of this final decision. 5 U.S.C. § 7703(a)(1). By statute, the nature of your claims determines the time limit for seeking such review and the appropriate forum with which to file. 5 U.S.C. § 7703(b). Although we offer the following summary of available appeal rights, the Merit Systems Protection Board does not provide legal advice on which option is most appropriate for your situation and the rights described below do not represent a statement of how courts will rule regarding which cases fall within their jurisdiction. If you wish to seek review of this final decision, you should immediately review the law applicable to your claims and carefully follow all filing time limits and requirements. Failure to file within the applicable time limit may result in the dismissal of your case by your chosen forum. Please read carefully each of the three main possible choices of review below to decide which one applies to your particular case. If you have questions about whether a particular forum is the appropriate one to review your case, you should contact that forum for more information.
(1) Judicial review in general . As a general rule, an appellant seeking judicial review of a final Board order must file a petition for review with the U.S. Court of Appeals for the Federal Circuit, which must be received by the court within 60 calendar days of the date of issuance of this decision. 5 U.S.C. § 7703(b)(1)(A).
Free access — add to your briefcase to read the full text and ask questions with AI
UNITED STATES OF AMERICA MERIT SYSTEMS PROTECTION BOARD
STEVEN CAMPBELL, DOCKET NUMBER Appellant, AT-0752-24-0579-I-1
v.
UNITED STATES POSTAL SERVICE, DATE: May 28, 2026 Agency.
THIS FINAL ORDER IS NONPRECEDENTIAL 1
Steven Campbell , Evensville, Tennessee, pro se.
Roderick Eves , Esquire, Jennifer C. Kellett , Esquire, and Bobbi Mihal , Esquire, St. Louis, Missouri, for the agency.
BEFORE
Henry J. Kerner, Vice Chairman James J. Woodruff II, Member
FINAL ORDER
The appellant has filed a petition for review of the initial decision, which affirmed the agency’s removal of the appellant from his Supervisor Customer Service position based on a charge of improper conduct. Generally, we grant petitions such as this one only in the following circumstances: the initial decision contains erroneous findings of material fact; the initial decision is based on an
1 A nonprecedential order is one that the Board has determined does not add significantly to the body of MSPB case law. Parties may cite nonprecedential orders, but such orders have no precedential value; the Board and administrative judges are not required to follow or distinguish them in any future decisions. In contrast, a precedential decision issued as an Opinion and Order has been identified by the Board as significantly contributing to the Board’s case law. See 5 C.F.R. § 1201.117(c). 2
erroneous interpretation of statute or regulation or the erroneous application of the law to the facts of the case; the administrative judge’s rulings during either the course of the appeal or the initial decision were not consistent with required procedures or involved an abuse of discretion, and the resulting error affected the outcome of the case; or new and material evidence or legal argument is available that, despite the petitioner’s due diligence, was not available when the record closed. Title 5 of the Code of Federal Regulations, section 1201.115 (5 C.F.R. § 1201.115). After fully considering the filings in this appeal, we conclude that the petitioner has not established any basis under section 1201.115 for granting the petition for review. Therefore, we DENY the petition for review and AFFIRM the initial decision, which is now the Board’s final decision. 5 C.F.R. § 1201.113(b). When, as here, the Board sustains all of the charges, it will review an agency-imposed penalty only to determine if the agency considered all of the relevant factors and exercised management discretion within the tolerable limits of reasonableness. Chin v. Department of Defense, 2022 MSPB 34, ¶ 24; Raco v. Social Security Administration, 117 M.S.P.R. 1, ¶ 13 (2011); Douglas v. Veterans Administration, 5 M.S.P.R. 280, 306 (1981). In determining whether the selected penalty is reasonable, the Board gives due deference to the agency’s discretion in exercising its managerial function of maintaining employee discipline and efficiency. Chin, 2022 MSPB 34, ¶ 24; Raco, 117 M.S.P.R. 1, ¶ 13. The Board will modify a penalty only when it finds that the agency failed to weigh the relevant factors or that the penalty imposed by the agency clearly exceeds the bounds of reasonableness. Chin, 2022 MSPB 34, ¶ 24. The most important factor in determining the reasonableness of the penalty is the nature and seriousness of the misconduct and its relationship to the employee’s duties, including whether the offense was intentional or repeated. Id., ¶ 28; see Rackers v. Department of Justice, 79 M.S.P.R. 262, 282 (1998), aff’d, 194 F.3d 1336 (Fed. Cir. 1999) (Table). Also, of particular significance in this appeal is that the 3
appellant held a supervisory position, and it is well settled that an agency may hold a supervisor to a higher standard of conduct. Edwards v. U.S. Postal Service, 116 M.S.P.R. 173, ¶ 14 (2010). On review, the appellant argues, as he did below, that the agency could have transferred him to a different location rather than removing him. Petition for Review (PFR) File, Tab 1. The administrative judge correctly found, however, that the deciding official properly considered the relevant Douglas factors, including the nature and seriousness of the appellant’s misconduct, its relationship to his duties, that it was repeated and intentional, and that the appellant was a supervisor. Initial Appeal File (IAF), Tab 4 at 101; Tab 7, Initial Decision at 5-6. The deciding official further explained that he lost confidence in the appellant’s ability to perform his duties and that the appellant did not have a good potential for rehabilitation. IAF, Tab 4 at 102. Regarding mitigating factors, the deciding official concluded that the appellant’s 5 years of discipline-free service with the agency was insufficient to outweigh the other Douglas factors. Id. at 101-02. As the administrative judge did, we agree with the agency’s penalty assessment and discern no reason to disturb the initial decision. 2
2 Regarding the appellant’s argument that he has experienced various health benefit-related difficulties because the agency did not take action after proposing his removal, PFR File, Tab 1 at 3, we do not find this argument relevant with respect to the correctness of the administrative judge’s findings. Rather, this is a product of the agency’s internal procedures. Under the agency’s Employee and Labor Relations Manual, Section 651.76, discharged nonbargaining employees who file a Board appeal remain on the rolls in a nonpay, nonduty status until the disposition of the case. U.S. Postal Service, Employee and Labor Relations Manual § 651.76 (Mar. 2024), https://about.usps.com/manuals/elm/html/elmc6_018.htm (last visited May 28, 2026); see Azdell v. Office of Personnel Management, 88 M.S.P.R. 319, 323 (2001) (providing that the Board may take administrative notice of public documents). 4
NOTICE OF APPEAL RIGHTS 3 You may obtain review of this final decision. 5 U.S.C. § 7703(a)(1). By statute, the nature of your claims determines the time limit for seeking such review and the appropriate forum with which to file. 5 U.S.C. § 7703(b). Although we offer the following summary of available appeal rights, the Merit Systems Protection Board does not provide legal advice on which option is most appropriate for your situation and the rights described below do not represent a statement of how courts will rule regarding which cases fall within their jurisdiction. If you wish to seek review of this final decision, you should immediately review the law applicable to your claims and carefully follow all filing time limits and requirements. Failure to file within the applicable time limit may result in the dismissal of your case by your chosen forum. Please read carefully each of the three main possible choices of review below to decide which one applies to your particular case. If you have questions about whether a particular forum is the appropriate one to review your case, you should contact that forum for more information.
(1) Judicial review in general . As a general rule, an appellant seeking judicial review of a final Board order must file a petition for review with the U.S. Court of Appeals for the Federal Circuit, which must be received by the court within 60 calendar days of the date of issuance of this decision. 5 U.S.C. § 7703(b)(1)(A).
3 Since the issuance of the initial decision in this matter, the Board may have updated the notice of review rights included in final decisions. As indicated in the notice, the Board cannot advise which option is most appropriate in any matter. 5
If you submit a petition for review to the U.S. Court of Appeals for the Federal Circuit, you must submit your petition to the court at the following address: U.S. Court of Appeals for the Federal Circuit 717 Madison Place, N.W. Washington, D.C. 20439
Additional information about the U.S. Court of Appeals for the Federal Circuit is available at the court’s website, www.cafc.uscourts.gov. Of particular relevance is the court’s “Guide for Pro Se Petitioners and Appellants,” which is contained within the court’s Rules of Practice, and Forms 5, 6, 10, and 11. If you are interested in securing pro bono representation for an appeal to the U.S. Court of Appeals for the Federal Circuit, you may visit our website at http://www.mspb.gov/probono for information regarding pro bono representation for Merit Systems Protection Board appellants before the Federal Circuit. The Board neither endorses the services provided by any attorney nor warrants that any attorney will accept representation in a given case.
(2) Judicial or EEOC review of cases involving a claim of discrimination . This option applies to you only if you have claimed that you were affected by an action that is appealable to the Board and that such action was based, in whole or in part, on unlawful discrimination. If so, you may obtain judicial review of this decision—including a disposition of your discrimination claims —by filing a civil action with an appropriate U.S. district court ( not the U.S. Court of Appeals for the Federal Circuit), within 30 calendar days after you receive this decision. 5 U.S.C. § 7703(b)(2); see Perry v. Merit Systems Protection Board, 582 U.S. 420 (2017). If you have a representative in this case, and your representative receives this decision before you do, then you must file with the district court no later than 30 calendar days after your representative receives this decision. If the action involves a claim of discrimination based on 6
race, color, religion, sex, national origin, or a disabling condition, you may be entitled to representation by a court-appointed lawyer and to waiver of any requirement of prepayment of fees, costs, or other security. See 42 U.S.C. § 2000e-5(f) and 29 U.S.C. § 794a. Contact information for U.S. district courts can be found at their respective websites, which can be accessed through the link below: http://www.uscourts.gov/Court_Locator/CourtWebsites.aspx . Alternatively, you may request review by the Equal Employment Opportunity Commission (EEOC) of your discrimination claims only, excluding all other issues . 5 U.S.C. § 7702(b)(1). You must file any such request with the EEOC’s Office of Federal Operations within 30 calendar days after you receive this decision. 5 U.S.C. § 7702(b)(1). If you have a representative in this case, and your representative receives this decision before you do, then you must file with the EEOC no later than 30 calendar days after your representative receives this decision. If you submit a request for review to the EEOC by regular U.S. mail, the address of the EEOC is: Office of Federal Operations Equal Employment Opportunity Commission P.O. Box 77960 Washington, D.C. 20013
If you submit a request for review to the EEOC via commercial delivery or by a method requiring a signature, it must be addressed to: Office of Federal Operations Equal Employment Opportunity Commission 131 M Street, N.E. Suite 5SW12G Washington, D.C. 20507
(3) Judicial review pursuant to the Whistleblower Protection Enhancement Act of 2012 . This option applies to you only if you have raised claims of reprisal for whistleblowing disclosures under 5 U.S.C. § 2302(b)(8) or 7
other protected activities listed in 5 U.S.C. § 2302(b)(9)(A)(i), (B), (C), or (D). If so, and your judicial petition for review “raises no challenge to the Board’s disposition of allegations of a prohibited personnel practice described in section 2302(b) other than practices described in section 2302(b)(8), or 2302(b)(9)(A)(i), (B), (C), or (D),” then you may file a petition for judicial review either with the U.S. Court of Appeals for the Federal Circuit or any court of appeals of competent jurisdiction. 4 The court of appeals must receive your petition for review within 60 days of the date of issuance of this decision. 5 U.S.C. § 7703(b)(1)(B). If you submit a petition for judicial review to the U.S. Court of Appeals for the Federal Circuit, you must submit your petition to the court at the following address: U.S. Court of Appeals for the Federal Circuit 717 Madison Place, N.W. Washington, D.C. 20439
Additional information about the U.S. Court of Appeals for the Federal Circuit is available at the court’s website, www.cafc.uscourts.gov. Of particular relevance is the court’s “Guide for Pro Se Petitioners and Appellants,” which is contained within the court’s Rules of Practice, and Forms 5, 6, 10, and 11. If you are interested in securing pro bono representation for an appeal to the U.S. Court of Appeals for the Federal Circuit, you may visit our website at http://www.mspb.gov/probono for information regarding pro bono representation for Merit Systems Protection Board appellants before the Federal Circuit. The
4 The original statutory provision that provided for judicial review of certain whistleblower claims by any court of appeals of competent jurisdiction expired on December 27, 2017. The All Circuit Review Act, signed into law by the President on July 7, 2018, permanently allows appellants to file petitions for judicial review of MSPB decisions in certain whistleblower reprisal cases with the U.S. Court of Appeals for the Federal Circuit or any other circuit court of appeals of competent jurisdiction. The All Circuit Review Act is retroactive to November 26, 2017. Pub. L. No. 115-195, 132 Stat. 1510. 8
Board neither endorses the services provided by any attorney nor warrants that any attorney will accept representation in a given case. Contact information for the courts of appeals can be found at their respective websites, which can be accessed through the link below: http://www.uscourts.gov/Court_Locator/CourtWebsites.aspx .
FOR THE BOARD: ______________________________ Gina K. Grippando Clerk of the Board Washington, D.C.