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WARD v. U.S. POSTAL SERVICE

No. 2010-3021.

634 F.3d 1274 (2011)

Thomas O. WARD, Petitioner, v. UNITED STATES POSTAL SERVICE, Respondent.

United States Court of Appeals, Federal Circuit.

February 17, 2011.

Attorney(s) appearing for the Case

Matthew J. Dowd , Wiley Rein LLP, of Washington, DC, argued for petitioner. With him on the brief was Robert J. Scheffel . Of counsel on the brief was Joseph Chester , Caplan & Chester, of Pittsburgh, PA.

Matthew H. Solomson , Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent. With him on the brief were Tony West , Assistant Attorney General, Jeanne E. Davidson, Director, and Kenneth M. Dintzer , Assistant Director. Of counsel was Michael J. Elston , Appellate Counsel, Office of the General Counsel, United States Postal Service, of Washington, DC.

Before RADER, Chief Judge, DYK and PROST, Circuit Judges.

PROST, Circuit Judge.

Petitioner Thomas O. Ward ("Ward") petitions for review of the final decision of the Merit Systems Protection Board ("Board") affirming the U.S. Postal Service's ("Agency's") decision to remove him from employment. Ward v. U.S. Postal Serv., 112 M.S.P.R. 239 (2009) ("Final Decision"). The Board recognized that the deciding official improperly considered Ward's alleged past instances of misconduct, which were conveyed to the deciding...

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