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SHIFLETT v. U.S. POSTAL SERVICE

No. 87-3391.

839 F.2d 669 (1988)

Diane C. SHIFLETT, Petitioner, v. UNITED STATES POSTAL SERVICE, Respondent.

United States Court of Appeals, Federal Circuit.

February 8, 1988.

Attorney(s) appearing for the Case

Edward L. Hogshire, Buck, Hogshire & Gouldman, Ltd., Charlottesville, Va., argued, for petitioner.

Robert A. Reutershan, Dept. of Justice, Washington, D.C., argued, for respondent. Richard K. Willard, Acting Asst. Atty. Gen., David M. Cohen, Director, Robert A. Reutershan, Asst. Director and Hillary A. Stern, Commercial Litigation Branch, Dept. of Justice, Washington, D.C., were on the brief, for respondent. Also on the brief were Stephen E. Alpern, Associate Gen. Counsel and Alice L. Covington, Office of Labor Law, U.S. Postal Service, Washington, D.C., of counsel.

Before FRIEDMAN and MAYER, Circuit Judges, and SKELTON, Senior Circuit Judge.

SKELTON, Senior Circuit Judge.

The final decision of the Merit Systems Protection Board (MSPB or Board), 33 M.S.P.R. 189, reversing the initial decision of the administrative judge, and holding that Diane C. Shiflett (petitioner) did not show good cause for waiver of time limit for filing a petition for appeal, and dismissing the appeal as untimely filed, is reversed and remanded.

Petitioner was a temporary trainee distribution clerk in the Charlottesville...

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