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WEISS v. UNITED STATES POSTAL SERVICE

No. 82-1351.

700 F.2d 754 (1983)

James F. WEISS, Petitioner, v. UNITED STATES POSTAL SERVICE, Respondent. Merit Systems Protection Board, Intervenor.

United States Court of Appeals, First Circuit.

Decided February 16, 1983.

Attorney(s) appearing for the Case

Amy R. Tabor, and Mann & Roney, Providence, R.I., for petitioner.

Lincoln C. Almond, U.S. Atty., Everett C. Sammartino, Asst. U.S. Atty., Providence, R.I., Edward F. Ward, Jr., Asst. Gen. Counsel, Eric J. Scharf, Atty., U.S. Postal Service, Washington, D.C., for respondent.

Before COFFIN, Chief Judge, CAMPBELL and BREYER, Circuit Judges.

COFFIN, Chief Judge.

Charging that plaintiff had been AWOL on three occasions and citing five past disciplinary actions in plaintiff's record, the United States Postal Service proposed to discharge plaintiff. On plaintiff's administrative appeal, the presiding official of the Merit Systems Protection Board (MSPB) found plaintiff had been AWOL on the three specified dates, but, applying a preponderance of the evidence standard...

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