MSPB Rules in Favor Of APWU War Hero, USPS Appeals

(This article appeared in the March/April 2013 edition of The American Postal Worker.)

Sue Carney, Director Human Relations Dept.

One of the highest-ranking National Guard noncommissioned officers in the Army’s Special Forces won a hard-fought battle to regain his job in December — 12 years after he was improperly fired by the Postal Service. Disgracefully, the USPS has appealed the ruling.

Late last year, an Administrative Law Judge ordered the USPS to reinstate Sgt. Major Rick Erickson and awarded him an estimated $2 million in back pay, attorney fees, and benefits, making it one of the costliest individual employment rulings against the USPS.

As appearances go, Americans might get the impression that the USPS is a staunch supporter of the brave men and women who proudly serve our country. The Postal Service employs 130,000 veterans, reservists and members of the National Guard. It has been recognized for its military outreach efforts, and participates in an advisory committee that suggests best practices and offers guidance about veteran’s employment, a highly disturbing fact in light of the circumstances. The USPS displays signs urging customers to support U.S. Service members and has issued numerous stamps to honor the sacrifices of our military — most recently the Purple Heart Medal Forever stamp.

But Rick Erickson, a member of the Southwest Florida Area Local and a Purple Heart recipient, learned that the Postal Service is anything but “military-friendly” when postal officials issued him a Letter of Removal in April 2000 for taking “excessive military leave.” Way to say, “Thanks for your service.”

Unable to obtain other federal employment because of the postal termination, and without a job to come home to, the single father of three re-enlisted in the National Guard. Erickson faced dangerous combat missions in Afghanistan with his Special Forces team and lost precious time with his family while he served our country and attempted to earn a modest income to support his girls.

A highly-decorated war hero who received three Combat Distinguished Valor awards and at least 30 other military medals, Sgt. Major Erickson did not receive the hero’s welcome he deserved. Instead, the USPS exploited technicalities in a disgraceful attempt to prevent him from returning to postal employment. Erickson challenged the egregious action by the Postal Service, charging the agency violated the Uniformed Services Employment and Reemployment Rights Act (USERRA). The federal law prohibits employers from terminating or otherwise penalizing service members for serving their country.

Early in the appeals process, an MSPB administrative judge concluded that the agency had violated USERRA’s nondiscrimination provision [38 U.S.C. § 4311 (c)], when it removed Erickson for excessive use of military leave, noting that military service was a substantial factor in the appellant’s termination. However, the administrative judge incorrectly concluded that Erickson had waived his rights by “abandoning his civilian career in favor of one in the military.” On this point, the administrative judge failed to award relief.

Undeterred, Erickson pushed on to seek justice. He eventually won two decisions before the U.S. Court of Appeals for the Federal Circuit. On each occasion his case was remanded to MSPB.

Despite his legal victories, the Postal Service unapologetically continues to fight his reinstatement — at great expense to the struggling agency. It seems the USPS is more concerned with being right than doing right.

Despite another costly USPS appeal, Erickson’s perseverance has strengthened countless service members’ rights under USERRA by setting judicial precedent. In the interim, the agency must reinstate Erickson and pay his salary plus back-pay while the latest appeal is considered. The process could take another two years.