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SHAW v. UNITED STATES POSTAL SERVICE

Appeal No. 56-81.

697 F.2d 1078 (1983)

Gilbert H. SHAW, Petitioner, v. UNITED STATES POSTAL SERVICE, Respondent.

United States Court of Appeals, Federal Circuit.

January 13, 1983.

Attorney(s) appearing for the Case

Charles E. DeWitt, Jr., Boston, Mass., argued for petitioner. With him on the brief were Flamm, Kaplan, Paven & Feinberg, Boston, Mass.

Richard F. Silber, Washington, D.C., argued for respondent. With him on the brief were Asst. Atty. Gen. J. Paul McGrath and Wyneva Johnson, Washington, D.C.

Before DAVIS, BENNETT and NIES, Circuit Judges.

OSCAR H. DAVIS, Circuit Judge.

This is an appeal from a decision of the Merit Systems Protection Board (MSPB) sustaining petitioner's removal from the United States Postal Service for sabotaging government property. The charge was that on November 8, 1979 Shaw, a mail sorting clerk who was operating a letter sorting-machine and assigned on that day to Console 5 of the machine, wilfully and deliberately stuffed a postcard...

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