(DOWNLOAD) "Kulinski v. U.S. Postal Service" by Federal Circuit U.S. Court of Appeals * Book PDF Kindle ePub Free
eBook details
- Title: Kulinski v. U.S. Postal Service
- Author : Federal Circuit U.S. Court of Appeals
- Release Date : January 24, 1994
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
Kulinski petitioned us for review of the December 8, 1992 arbitration award, Case No. EON-2D-D-11222, affirming his removal from his position as a letter carrier with the Postal Service. At oral argument Kulinski conceded that this court does not have jurisdiction to review an arbitration award involving a Postal Service employee. While 5 U.S.C. §§ 7121 and 7703(b)(1) (1988) give this court jurisdiction to review some arbitration awards, section 7121 is not applicable to employees of the Postal Service. Bacashihua v. Merit Sys. Protection Bd., 811 F.2d 1498, 1502 (Fed. Cir. 1987). Consequently, Kulinski requests that we transfer this case to either the Merit Systems Protection Board (MSPB) for a de novo hearing on the removal itself or to the District Court for the District of Maryland for a deferential review of the arbitration award. We may transfer a case to a court in which the case could have been brought at the time it was filed here to cure want of jurisdiction if it is in the interest of Justice to do so. 28 U.S.C. § 1631 (1988).