Kathy Porter v. United States Postal Service
CH-0752-17-0010-C-1
MSPBMar 20, 2025Background
- The Merit Systems Protection Board (MSPB) previously found Kathy H. Porter's retirement from the U.S. Postal Service to be involuntary and ordered her reinstatement with backpay and interest effective October 1, 2014.
- The agency initially failed to fully comply, wrongly withholding a performance bonus and union dues from Porter's backpay and failing to provide proper interest or update her official personnel file accurately.
- The agency recalculated the amount owed, reissued payment for backpay and additional interest, and corrected the personnel file records to reflect Porter's position as of February 7, 2015.
- Porter disputed receipt of the reissued check and the calculation of interest, prompting further Board review and supplemental filings by the agency.
- The Board provided Porter an opportunity to respond after the agency documented compliance, but she did not respond.
- The Board reviewed the agency's evidence, found compliance sufficient, and dismissed Porter's enforcement and review petitions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the agency complied with MSPB's reinstatement and backpay order | Porter contended she had not received owed backpay or correct interest. | Agency asserted it recalculated, reissued backpay and interest, and corrected records. | Agency found in compliance; petition dismissed. |
| Improper withholding of performance bonus and union dues from backpay | Porter argued deductions were improper. | Agency initially withheld, later recalculated without deductions. | Agency's recalculation accepted. |
| Calculation and payment of interest on backpay refund | Porter disputed the sufficiency of interest calculations. | Agency provided new calculations and paid additional interest. | Board accepted agency's evidence. |
| Official personnel file record accuracy | Porter argued her file needed correction. | Agency updated the record to show correct position placement date. | Board found records properly updated. |
Key Cases Cited
- Vaughan v. Department of Agriculture, 116 M.S.P.R. 319 (Merit Systems Protection Board 2011) (outlines purpose and standard for MSPB compliance proceedings)
- King v. Department of the Navy, 100 M.S.P.R. 116 (Merit Systems Protection Board 2005) (explains remedies for unwarranted personnel actions)
