David J. Dreher v. United States Postal Service and Merit Systems Protection Board

FACTS:

David Dreher is a preference-eligible veteran, working as a Post Office distribution clerk. In 1981 his shift was changed from Tour I (3:30 p.m. to 12 midnight) to Tour III (10 p.m. to 6:30 a.m.). To avoid having him work a fifteen-hour shift during the transition, his supervisors ordered him to take a day off, but required that he either charge the day to his annual leave or take it as leave without pay. Dreher protested the shift assignment and reluctantly took annual leave for the day.

He appealed the action to the Merit Systems Protection Board, .which asked him to establish Board…