Kathy Porter v. United States Postal Service
CH-0752-17-0010-X-1
MSPBMar 20, 2025Background
- Kathy H. Porter, a USPS employee, challenged the involuntary nature of her retirement and sought restoration with backpay and interest.
- On April 28, 2017, an initial MSPB decision found Porter's retirement involuntary and ordered her reinstatement effective October 1, 2014, with full backpay and interest.
- The USPS was found in noncompliance for improperly deducting a 2014 performance bonus and union dues from backpay and failing to pay proper interest or correctly update Porter's personnel record.
- Subsequent Board orders required USPS to fully comply and evidence recalculation of backpay and payment of additional sums to Porter.
- USPS submitted documentation of corrective payments and update of personnel records; Porter did not respond to opportunities to contest this resolution.
- The Merit Systems Protection Board (MSPB) found full compliance and dismissed Porter's enforcement and review petitions.
Issues
| Issue | Porter's Argument | USPS's Argument | Held |
|---|---|---|---|
| Did USPS comply with the MSPB order regarding backpay? | USPS still owed backpay without improper deductions | USPS recalculated and paid backpay properly | USPS in compliance; proper payment made |
| Did USPS pay the correct amount of interest? | Interest was not recalculated or paid | USPS recalculated interest and provided payment | USPS in compliance; correct interest paid |
| Was Porter's personnel file correctly updated? | Personnel file did not reflect proper status | USPS updated file per MSPB instructions | USPS in compliance; personnel file correct |
| Was further Board enforcement required? | Continued noncompliance | Full compliance achieved with documentation | Board dismissed petitions; no further action needed |
Key Cases Cited
- Vaughan v. Department of Agriculture, 116 M.S.P.R. 319 (standard for restoring an employee as nearly as possible to pre-action status)
- King v. Department of the Navy, 100 M.S.P.R. 116 (affirming burden on agency to prove compliance)
- Baumgartner v. Department of Housing & Urban Development, 111 M.S.P.R. 86 (lack of response by appellant assumes satisfaction with compliance)