POSTAL SERVICE v. AMERICAN POSTAL WORKERS UNION

No. 99-1562.

204 F.3d 523 (2000)

UNITED STATES POSTAL SERVICE, Plaintiff-Appellee, v. AMERICAN POSTAL WORKERS UNION, AFL-CIO, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: February 25, 2000.


Attorney(s) appearing for the Case

ARGUED: Susan Lynne Catler, O'Donnell, Schwartz & Anderson, P.C., Washington, D.C., for Appellant. Anne Norris Graham, United States Postal Service, New York, New York, for Appellee. ON BRIEF: Peter J. Leff, O'Donnell, Schwartz & Anderson, P.C., Washington, D.C., for Appellant. R. Andrew German, Managing, Legal Policy, United States Postal Service, New York, New York; Helen F. Fahey, United States Attorney, Dennis E. Szybala, Assistant United States Attorney, Alexandria, Virginia, for Appellee.

Before WILKINSON, Chief Judge, KING, Circuit Judge, and HALL, Senior Circuit Judge of the United States Court of Appeals for the Ninth Circuit, sitting by designation.


Affirmed by published opinion. Chief Judge WILKINSON wrote the opinion, in which Senior Judge HALL joined. Judge KING wrote a dissenting opinion.

OPINION

WILKINSON, Chief Judge:

The American Postal Workers Union (APWU) and the United States Postal Service (Postal Service) are parties to a national collective bargaining agreement. This agreement gives the Postal Service the right to separate any probationary employee at any time during the 90-day...

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