Bradley v. United States Postal Service
Opinion of the Court
Ervin Weston Bradley appeals from a final order entered in the District Court
In reviewing this grant of summary judgment, we state the facts in the light most favorable to appellant and give him the benefit of all reasonable inferences that
Appellant submitted a grievance under the collective bargaining agreement,
In Bush v. Lucas the Supreme Court expressly declined to recognize a Bivens -type
The rationale of Bush v. Lucas has been extended beyond first amendment violations to fifth amendment due process claims similar to those raised by appellant. See Shoultz v. Monfort of Colorado, Inc., 754 F.2d 318 (10th Cir. 1985), cert. denied, 475 U.S. 1044, 106 S.Ct. 1259, 89 L.Ed.2d 569 (1986); Dynes v. Army Air Force Exchange Service, 720 F.2d 1495 (11th Cir. 1983).
In Premachandra v. United States, 739 F.2d 392, 394 (8th Cir. 1984), this court concluded that Congress intended the civil service laws to provide the sole remedy for federal employees challenging wrongful termination decisions. We find no merit in appellant’s unsupported argument that the civil service regulatory scheme was unavailable to him because he was not officially terminated but rather resigned.
Accordingly, we affirm the district court on the basis of its well-reasoned opinion. See 8th Cir.R. 14.
. The Honorable George Howard, Jr., United States District Judge, for the Eastern and Western Districts of Arkansas.
. The Postal Service has authority under 39 U.S.C. § 1206(b) to enter into collective bargaining agreements with unions. Appellant was a member of the National Association of Letter Carriers.
. Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971).
. The Civil Service Reform Act of 1978 created the Merit Systems Protection Board (MSPB) which assumed the adjudicative functions of the former Civil Service Commission. 5 U.S.C. § 1205. Non-probationary preference eligible employees such as appellant may use the merit system. 5 U.S.C. § 7511(a)(1)(B); 39 U.S.C. § 1005(a). The MSPB may order reinstatement, award backpay and attorney’s fees. 5 U.S.C. §§ 1205,7701. Final decisions of the MSPB are subject to judicial review. 5 U.S.C. § 7703.
Reference
- Full Case Name
- Ervin Weston BRADLEY v. UNITED STATES POSTAL SERVICE Joe L. Allman, Postmaster of Jacksonville Post Office J.R. Kuzilik, United States Postal Inspector
- Cited By
- 4 cases
- Status
- Published