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White v. Postal Service10-3057

White v. Postal Service10-3057

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Published by FedSmith, Inc.
A Postal Service supervisor found his 15-year career abruptly ended when the agency caught him "padding" his time and attendance records. His appeals to the Merit Systems Protection Board and then to the federal appeals court were fruitless, so he remains fired. Go to: http://www.fedsmith.com/article/2482/padding-time-cards-leads-removal.html
A Postal Service supervisor found his 15-year career abruptly ended when the agency caught him "padding" his time and attendance records. His appeals to the Merit Systems Protection Board and then to the federal appeals court were fruitless, so he remains fired. Go to: http://www.fedsmith.com/article/2482/padding-time-cards-leads-removal.html

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Published by: FedSmith, Inc. on Jun 23, 2010
Copyright:Attribution Non-commercial

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07/10/2013

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N
OTE
: This disposition is nonprecedential.
United States Court of Appealsfor the Federal Circuit
 __________________________ JERRY WHITE,
 Petitioner,
v.UNITED STATES POSTAL SERVICE,
Respondent.
 __________________________ 
2010-3057
 __________________________ 
Petition for review of the Merit Systems ProtectionBoard in Case No. CH0752080426-I-2.
 ____________________________ 
Decided: June 14, 2010
 ____________________________ 
J
ERRY 
W
HITE
, of Bolingbrook, Illinois, pro se.E
UGENIA 
I
ZMAYLOVA 
, Attorney, Civil Practice Section,United States Postal Service, Law Department, of Wash-ington, DC, for respondent. With her on the brief wereT
ONY 
W
EST
, Assistant Attorney General, CommercialLitigation Branch, Civil Division, United States Depart-ment of Justice, of Washington, DC, and L
ORI
D
 YM
, Chief Counsel, Law Department, Office of Labor Law, United
 
WHITE
v.
USPS
 2
States Postal Service, of Washington, DC. Of counsel wasS
COTT
 A.
 
M
 ACGRIFF
, Trial Attorney.
 __________________________ 
Before R
 ADER
,
Chief Judge
, P
LAGER
and L
OURIE
,
CircuitJudges
.P
ER
C
URIAM
.Petitioner Jerry White (“White”) appeals from the fi-nal order of the Merit Systems Protection Board (“theBoard”) upholding his removal for eight separate inci-dents of accepting pay for time not worked. We affirm.B
 ACKGROUND
 White was employed by the United States Postal Ser-vice from December 11, 1993, until his removal on Febru-ary 26, 2008. White was promoted to supervisor in 1998and in 1999 to Manager of the Computer ForwardingSystem (“CFS”) unit within the South Suburban Process-ing and Distribution Center (“South Suburban P&DC”) inBedford Park, Illinois. In mid-2006, the Postal Service’sOffice of the Inspector General (“OIG”) commenced aninvestigation into allegations that employees at the SouthSuburban P&DC were entering inaccurate informationinto the Postal Service’s Time and Attendance CollectionSystem (“TACS”).
 
 A review of time records from Januarythrough June 2006 led OIG to further investigate threeCFS unit supervisors, including White, who had receivedan inordinate amount of overtime compensation due toTACS entries in excess of their daily authorized eight-hour schedule.From August 19 to November 3, 2006, OIG agentstracked White’s arrival and departure times from the CFS
 
WHITE
v.
USPS
 3
unit. On eight separate days in September 2006, Whitewas absent from the CFS unit for long periods of timewhile still on the clock. For example, on September 21,2006, White accepted compensation for working approxi-mately ten hours based on TACS recording an arrivaltime of 11:58 a.m. and a departure time of 10:31 p.m. Thesurveillance records, however, show that White left theCFS unit at around 2:31 p.m. and that he did not returnuntil 6:41 p.m.
 
Consequently, White was away from theunit while being paid for four hours and ten minutes.Similar paid absences of between three to five hoursoccurred on September 22, 24, 25, 26, 27, 28, and 29.On February 9, 2007, OIG Special Agent RamonaParker prepared a Report of Investigation, which found,
inter
 
alia
, that White had misappropriated Postal fundsthrough the misuse of the TACS. The Report concludedthat White had been paid $7,557.64 for 251.51 extrahours between August 19 and November 3, 2006, and onforty-three occasions during that period, including theeight specific dates in September listed above, White hadbeen paid for time when he was out of the CFS unit forbetween two to six hours. The OIG Report was sent toPatrick Kavanaugh, White’s supervisor, who conducted apre-disciplinary interview with White on March 2, 2007.When questioned about his whereabouts on the eightspecific September 2006 dates, White could not offer anyexplanation. White requested access to his office to see if his personal notes could help him recall. Yet, when giventhe opportunity to obtain his notes on April 3, 2007,White failed to produce any information indicating hiswhereabouts. White then requested access to his e-mailsbut was told that OIG had confiscated his computer.On September 6, 2007, Kavanaugh issued White aNotice of Proposed Removal, charging him with accepting

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