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Appeals court affirms USPS decision to remove a full time Mailhandler from employment

July 7, 2022

READ FULL ARTICLE AT » 22-1306.OPINION.7-7-2022_1974722

PER CURIAM. Petitioner John Joseph Nagle appeals the Merit Systems Protection Board’s affirmance of the U.S. Postal Service’s decision to remove Nagle from employment.

For the following reasons, we affirm.

BACKGROUND Nagle worked for the United States Postal Service (“USPS”) as a full-time regular mail handler and equipment operator. App’x 1–2.1 Around August 2018, the USPS instructed Nagle to complete recertification training with a Driver Safety Instructor (“DSI”) from the American Postal Workers Union (“APWU”), which was required for operating a forklift. See App’x 4–5, 45–46. Nagle refused to complete the training, and on August 22, 2018, he filed a report with the Occupational Safety and Health Administration (“OSHA”) alleging that the USPS had instructed him to complete training with an unqualified instructor, which constituted a hazardous condition. Id.

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