Please E-mail suggested additions, comments and/or corrections to Kent@MoreLaw.Com.
Help support the publication of case reports on MoreLaw
Date: 07-17-2001
Case Number: 00-3322
Judge: Lourie
Court: United States Court of Appeals for the Federal Circuit
Plaintiff's Attorney: Kevin A. Graham of Flook & Graham, P.C., Liberty, Missouri
Defendant's Attorney: Robert P. Sindermann, Jr., Attorney, Legal Policy Section, Law Department, United States Postal Service, Washington, D.C.
BACKGROUND
Mr. Coursen was employed as an “Account Representative” with the United States Postal Service (“the agency” or “the Postal Service”) in Kansas City, Missouri. Coursen v. United States Postal Serv., No. CH-0752-99-0538-I-1, slip op. at 1 (MSPB Sept. 23, 1999) (initial decision). His position description indicated that his duties included working independently to develop relationships with commercial business customers in order to sell postal products and services to the customers within a district. Id. at 3. In December 1995, Coursen received a notice of proposed removal for submitting false sales and daily activity reports, and for misusing Postal Service equipment by downloading pornography onto an agency computer while on duty. On January 3, 1996, the agency issued Coursen a letter of decision stating that his removal would be effective January 26, 1996.
After his removal, Coursen filed an appeal to the Board, asserting jurisdiction under the Postal Employees Appeal Rights Act (“PEARA”), 39 U.S.C. § 1005(a)(4). In an initial decision, the administrative judge (“AJ”) dismissed Coursen’s appeal for lack of jurisdiction, concluding that Coursen lacked standing to appeal his removal to the Board because he had failed to show by a preponderance of the evidence that he was employed as a “supervisor or management employee" within the meaning of 39 U.S.C. § 1005(a)(4)(A)(ii). Id. at 1, 4.
Coursen appealed the AJ’s initial decision to the full Board. The Board denied his petition for review, thus rendering the initial decision final. 5 C.F.R. § 1201.113(b) (2000). Coursen timely appealed to this court. We have jurisdiction pursuant to 28 U.S.C. § 1295(a)(9) (1994).
* * *
Click the case caption above for the full text of the
Court's opinion.
About This Case
What was the outcome of ?
The outcome was: Affirmed.
Which court heard ?
This case was heard in United States Court of Appeals for the Federal Circuit, MO. The presiding judge was Lourie.
Who were the attorneys in ?
Plaintiff's attorney: Kevin A. Graham of Flook & Graham, P.C., Liberty, Missouri. Defendant's attorney: Robert P. Sindermann, Jr., Attorney, Legal Policy Section, Law Department, United States Postal Service, Washington, D.C..
When was decided?
This case was decided on July 17, 2001.