National Post Office Mail Handlers v. United States Postal Service

MEMORANDUM OPINION AND ORDER

KANE, District Judge.

This is an action to vacate an arbitration decision upholding the defendant’s termination of Edward Cavanagh, a mail handler and member of the plaintiff union. Jurisdiction is alleged under 39 U.S.C. § 1208(b), § 409(a) and 28 U.S.C. § 1331. This question is not disputed, and I hold jurisdiction lies. See, e.g., American Postal Workers Union, AFL-CIO v. United States Postal Service, 766 F.2d 715, 720 (2d Cir.1985), cert. denied, — U.S.-, 106 S.Ct. 1262, 89 L.Ed.2d 572 (1986).

As a threshold matter, defendant directs my attention to Pittsburgh…