Kenneth D. Smith v. United States Postal Service

MARKEY, Chief Judge.

Kenneth D. Smith (Smith) appeals from a decision of the Merit Systems Protection Board (board), 26 M.S.P.R. 185, sustaining his removal from United States Postal Service (Postal Service) for assaulting a police officer. We affirm.

Background(1) The Removal

In March 1982, the Postal Service sought to remove Smith for “engaging in a physical altercation with another postal employee.” Smith filed a grievance and was represented at a Step 1 hearing by a union Shop Steward, J. Applewhite, who made oral reply on Smith’s behalf. Smith was reinstated, but “on a last chance basis.”

At…