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McGARIGLE v. U.S. POSTAL SERVICE

No. 89-3347.

904 F.2d 687 (1990)

Sebastian McGARIGLE, Petitioner, v. UNITED STATES POSTAL SERVICE, Respondent.

United States Court of Appeals, Federal Circuit.

Rehearing Denied August 10, 1990.

Attorney(s) appearing for the Case

Bruce B. Elfvin, Elfvin and Associates, Cleveland, Ohio, argued, for petitioner.

Anthony W. DuComb, Sr. Atty., Office of Labor Law, U.S. Postal Service, Washington, D.C., argued, for respondent. With him on the brief, were Stuart E. Schiffer, Acting Asst. Atty., Dept. of Justice and Stephen E. Alpern, Associate Gen. Counsel.

Before NEWMAN and ARCHER, Circuit Judges, and DUFF, District Judge.

OPINION

BRIAN BARNETT DUFF, District Judge.

Sebastian McGarigle has been a mailman for the past 22 years. After 18 years as a "city carrier", he transferred to a "rural carrier" position, and because of the collective bargaining agreement which governs transfers to the rural carrier position, his salary was significantly reduced. He has appealed the reduction, first to the Merit Systems Protection Board (MSPB or...

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