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· 6/1/1987

Jose J. Roman v. United States Postal Service

Citations

  • 821 F.2d 382
  • 125 L.R.R.M. (BNA) 2623
  • 1987 U.S. App. LEXIS 7498

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that the consideration of a collective bargaining agreement and affidavit stating that a search of USPS records found no record of plaintiff filing a grievance required treating the motion to dismiss as one for summary judgment
  • acknowledging the Postal Reorganization Act’s contractual exhaustion requirement, but treating failure to exhaust as a merits issue, rather than as a jurisdictional one
  • affirming district court's dismissal of plaintiff's due process claim against the Postal Service because plaintiff's rights were protected by the collective-bargaining agreement governing his employment
  • “This prop- erty interest is created by the collective bargaining agree- ment …, which provides that no employee shall be disci- plined or discharged ‘without just cause.’”
  • “This prop- erty interest is created by the collective bargaining agree- ment …, which provides that no employee shall be disci- plined or discharged ‘without just cause.’”
  • “This property interest is created by the collective bar- gaining agreement between the Postal Service and the Union, which provides that no employee shall be disciplined or dis- charged ‘without just cause.’”

Source: CourtListener parenthetical corpus (CC0).

Judges: Bauer, Cummings, Flaum

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.