Bagbee v. United State Postal Serv., 020607 FEDFED, 06-3405

Docket Nº:2006-3405
Party Name:RAY W. BAGBEE, Petitioner, v. UNITED STATES POSTAL SERVICE, Respondent.
Case Date:February 06, 2007
Court:United States Courts of Appeals, Court of Appeals for the Federal Circuit
 
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RAY W. BAGBEE, Petitioner,

v.

UNITED STATES POSTAL SERVICE, Respondent.

No. 2006-3405

United States Court of Appeals, Federal Circuit

February 6, 2007

Appealed from: United States Merit Systems Protection Board

Ray W. Bagbee, of San Francisco, California, pro se.

Michelle A. Windmueller, Attorney, Law Department, Civil Practice, United States Postal Service, of Washington, DC, for respondent. With her on the brief were Peter D. Keisler, Assistant Attorney General, and Lori J. Dym, Chief Counsel, Law Department Civil Practice, United States Department of Justice, of Washington, DC.

Before MICHEL, Chief Judge, and NEWMAN and DYK, Circuit Judges.

PER CURIAM.

Ray W. Bagbee appeals from the decision of the Merit Systems Protection Board (“Board”) in SF0752060336-I-1, affirming the United States Postal Service’s (“USPS”) decision to remove him. We affirm.

BACKGROUND

Bagbee began working with the USPS as a Laborer, Custodial, in 1985. He was assigned on a rotational basis to three agency stations in San Francisco until an incident in January 2004 where he allegedly threatened an employee at one of those stations. After that incident, Bagbee was assigned to work exclusively at the USPS Processing and Distribution Center in San Francisco.

On May 19, 2005, during the course of a meeting with his supervisor, Elizabeth Ramos, and her supervisor, John Daniels, Bagbee made several specific threats. Ms. Ramos and Mr. Daniels later testified that Bagbee threatened to rape and kill Mr. Daniels’s wife, daughter and son, and also to go to Ms. Ramos’s house while her husband was working and rape and kill Ms. Ramos’s children and then slash Ms. Ramos’s throat.

On June 15, 2005, the USPS issued a notice of proposed removal to Bagbee, citing “Unacceptable Conduct / Failure to Follow Instructions,” charging him with “Engaging in Violent and Threatening Behavior” in violation of the USPS’s “zero tolerance policy on workplace violence.” The USPS’s zero tolerance policy states that “threats, assaults, or other acts of violence committed against other postal employees or customers will result in severe disciplinary action, up to and including removal from the Postal Service.” Resp’t App. 29.

Bagbee was removed effective August 26, 2005. He filed a timely “mixed case complaint of discrimination” challenging his removal and alleging that his removal...

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