The hearing offcier ruled as follows:
.
In this appeal, I find Deciding Official Raymond and Proposing Official Laerdet to be credible when they each testified to their understanding that zero tolerance means zero tolerance. This view of zero tolerance as requiring removal has been rejected for many years by the MSPB, the Federal Circuit, and the ELM 650 Appeal Process, and is fatal to the Postal Service's case here.
Accordingly, I find that the Letter of Decision cannot withstand...
My favorable ruling was rejected
.
In this appeal, I find Deciding Official Raymond and Proposing Official Laerdet to be credible when they each testified to their understanding that zero tolerance means zero tolerance. This view of zero tolerance as requiring removal has been rejected for many years by the MSPB, the Federal Circuit, and the ELM 650 Appeal Process, and is fatal to the Postal Service's case here.
Accordingly, I find that the Letter of Decision cannot withstand...
My favorable ruling was rejected