Unpublished Dispositionthomas Algeo, Petitioner, v. United States Postal Service, Respondent, 824 F.2d 978 (Fed. Cir. 1987)

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U.S. Court of Appeals for the Federal Circuit - 824 F.2d 978 (Fed. Cir. 1987) May 26, 1987

Before MARKEY, Chief Judge, and RICH and NIES, Circuit Judges.

PER CURIAM.


DECISION

The Merit Systems Protection Board (board) in SE07528610095 sustained the removal of Thomas Algeo from his position as a letter carrier for failing to follow instructions, namely, failing to call in as required to inform his supervisor that he would not finish his route without incurring overtime. We affirm.

OPINION

The board properly excluded evidence that petitioner had been promised assistance in completing his route because it was untimely. Moreover, the board's finding that petitioner would have incurred overtime in any case is supported by substantial evidence. Given petitioner's substantial record of similar violations, the penalty of removal was appropriate. The board's decision was not arbitrary, capricious, an abuse of discretion, unsupported by substantial evidence, or otherwise not in accordance with law. See 5 USC 7703(c).