Diane C. Shiflett v. United States Postal Service

There is no question the United States Postal Service (Service) violated 5 C.F.R. §§ 353.308 and 1201.21 when, in a May 29, 1985, letter denying Shiflett’s request to be reinstated, it failed to inform her of her appeal rights to the Merit Systems Protection Board (Board). But the Board did not *675hold that against her; it treated the appeal period, 5 C.F.R. § 1201.22(b), as not beginning until August 19, 1985. That was the day the national union, her authorized representative, received notice in a grievance decision that the proper appeal avenue was through the Board.

This court has set out the…