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Hitting a Co-Worker Leads to Removal

By Susan Smith

Monday, March 9, 2009

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Susan McGuire Smith spent most of her 26-year federal government career with NASA, first at NASA Headquarters Office of General Counsel and then at Marshall Space Flight Center, serving as Chief Counsel there for more than 14 years. Her expertise is in government contracts, ethics, and personnel law. Ms. Smith has a J.D and a B.A. degree from the George Washington University. Her publications include Practical Ethics for the Federal Employee.

A Pittsburgh, Pennsylvania letter carrier, fired by the agency for assaulting a co-worker, could not convince the appeals court to overturn his removal. (Ballouris v. United States Postal Service, C.A.F.C. No. 2008-3147 (nonprecedential), 2/19/09) The facts are as summarized in the court's decision.

Ballouris and his co-worker got into a shouting match when Ballouris showed up late to deliver mail to a relay box which delayed the co-worker. While the two gave differing accounts of the ensuing altercation, the fact that Ballouris was late was not disputed. Nor was the fact that Ballouris struck his co-worker in the face, although he claims it was an accident. (Opinion p. 2)

The US Postal Service investigated and concluded Ballouris was at fault for hitting a co-worker. The agency's final decision to remove him was based on "Unacceptable Conduct/Assault" which it concluded was supported by the evidence. (p. 2)

On appeal to the Merit Systems Protection Board, Ballouris convinced the administrative judge that the penalty was too steep. The AJ ordered it reduced to a 60-day suspension. However, the full Board disagreed and, giving deference to the agency's penalty determination, sustained Ballouris' removal. (pp. 2-3)

Ballouris took his case to the Federal Circuit Court of Appeals. However, the court also gave deference to the agency's penalty decision. As the court stated, "Regardless of his intent, Mr. Ballouris struck Mr. Sullivan on a public street and was removed because USPS determined that it ‘cannot maintain safe operations or operate efficiently with employees who commit acts of violence against co-workers.'" (p. 3)

As this case demonstrates, being provoked is typically not going to work as a defense for resorting to a physical reaction that amounts to assault on a co-worker.
 

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Readers' Comments

  • 2 guys who work in our office also got into a fight, on the street! I think both were suspended with pay and brought back like nothing happened. violence in the workplace or towards a coworker should be zero tolerance and grounds for automatic removal....
    Posted: March 18, 2009 8:43 PM
  • There was noting said about the other guy spitting in the fired employees face! That in it self is grounds to invite a person to the sidewalks and go at it. However in the Federal Government world you can't do that, so just wait for a chance to see your fellow employee in perhaps Walmart parking ...
    Posted: March 13, 2009 8:23 PM
  • i am a minority. but it sounds like this DHS worker is elucidating his grevience by shamlessly playing the race card as noted by his references to WHITE supervisor... and because i am not a caucasian. his grievance may be justified but his choice of words and lack of documentation certainly lowers h...
    Posted: March 10, 2009 9:18 PM

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