Galino v. United States Postal Service, 040810 FEDFED, 2010-3024

Docket Nº:2010-3024
Opinion Judge:PER CURIAM.
Party Name:ELIGIDO J. GALINO, Petitioner, v. UNITED STATES POSTAL SERVICE, Respondent.
Attorney:Eligido J. Galino, of Sacramento, California, pro se. Shelley D. Weger, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, for respondent. With her on the brief were Tony West, Assistant Attorney General, Jeanne E. Davidson, Direc...
Judge Panel:Before MICHEL, Chief Judge, PLAGER and MOORE, Circuit Judges.
Case Date:April 08, 2010
Court:United States Courts of Appeals, Court of Appeals for the Federal Circuit
 
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ELIGIDO J. GALINO, Petitioner,

v.

UNITED STATES POSTAL SERVICE, Respondent.

No. 2010-3024

United States Court of Appeals, Federal Circuit

April 8, 2010

This disposition is nonprecedential.

Petition for review of the Merit Systems Protection Board in case no. SF0752090190-I-1.

Eligido J. Galino, of Sacramento, California, pro se.

Shelley D. Weger, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, for respondent. With her on the brief were Tony West, Assistant Attorney General, Jeanne E. Davidson, Director, and Harold D. Lester, Assistant Director.

Before MICHEL, Chief Judge, PLAGER and MOORE, Circuit Judges.

PER CURIAM.

Eligido J. Galino appeals from a final decision of the Merit Systems Protection Board (Board) affirming his demotion. Galino v. U.S. Postal Serv., No. SF-0752-09-0190-I-1 (M.S.P.B. June 1, 2009) (initial decision); Galino v. U.S. Postal Serv., No. SF0752-09-0190-I-1 (M.S.P.B. Aug. 21, 2009) (final order denying petition for review). For the reasons discussed below, we affirm.

BACKGROUND

Mr. Galino worked as a Supervisor, Customer Service, EAS-17 for the United States Postal Service (USPS) in Sacramento, California. On August 12, 2008, an incident occurred between Window Clerk Jeannine Teefey and Mr. Galino, her supervisor. Later that day, Ms. Teefey sought to discuss this incident with Anderson English, a manager. The three individuals met in Mr. English's office, along with fellow Supervisor Audrey Simmons and Window Clerk Michelle Randle-Cisco. At the meeting, Mr. Galino yelled, pointed his finger at Ms. Teefey, and blocked Ms. Teefey's attempt to leave the office. Although Mr. Galino denies that he blocked Ms. Teefey, an administrative judge (AJ) credited Ms. Teefey's account over that of Mr. Galino.

Robbie Halverson, an Associate Supervisor seated about twenty feet from Mr. English's office, heard the yelling and knocked on the office door. When the door opened, Ms. Simmons told Mr. Galino to leave, and Mr. Galino left the office. Again, Mr. Galino denies that he was asked to leave the office and further maintains that he immediately left the building. According to the account accepted by the AJ, however, Mr. Galino cursed and kicked the wall, and Ms. Simmons and Mr. Halverson then told Mr. Galino to go outside. Both Ms. Simmons and Mr...

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