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Allen v. United States Postal Service

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Allen appeals a decision of the Merit Systems Protection Board dismissing, for lack of jurisdiction, Allen’s challenge to his removal from the United States Postal Service (“Postal Service”). Allen v. United States Postal Serv., AT-0752-99-0857-I-1 (M.S.P.B. Nov. 24, 1999). The full board denied Allen’s petition for review. Allen v. United States Postal Serv., AT-0752-99-0857-I-1 (M.S.P.B. July 17, 2000). Because the board’s decision is without reversible error, we affirm.

BACKGROUND

Allen held the position of Part-time Flexible Letter Carrier and was removed for failure to meet the attendance requirements of that position. Specifically, Allen refused to work on various Saturdays for which he was scheduled to work. Allen, a Seventh Day Adventist, believes that he should not work on Saturdays. The Postal Service, which was aware of Allen’s religious beliefs before offering him the position, was generally accommodating. However, prior to offering Allen his position it did warn him that it might not always be possible to allow him not to work on Saturdays. Despite this warning, Allen accepted the job.

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