Pucilowski v. Department of Justice, 498 F.3d 1341 (Fed. Cir. 2007)

Mathew B Tully

Case Conclusion Date:December 15, 2008

Practice Area:Military Law

Outcome:(Not available)

Description:Welshans has been employed by the United States Postal Service since 1981. From August 1983 until August 2004, he also served as a reservist in the United States Army. In 2006, Welshans filed an appeal with the board, alleging that the Postal Service had improperly charged him for military leave. He asserted that he should not have been charged leave for days, such as Sundays and holidays, which fell within a period of absence for military training, but which were not his scheduled Postal Service workdays. In an initial decision, dated December 19, 2006, an administrative judge found that the Postal Service had acted in violation of its Employee and Labor Relations Manual (“ELM”) when it charged Welshans for military leave on August 21 and August 23, 1999. On appeal, however, the board reversed. The board determined that the administrative judge had improperly applied the 2002 version of the ELM, rather than the ELM in effect in 1999. Because the board concluded that the ELM in effect in 1999 unambiguously required that the Postal Service charge non-workdays falling within a period of absence for active duty against military leave, it dismissed Welshans’ appeal for failure to state a claim upon which relief could be granted. Welshans then timely appealed to this court. We have jurisdiction pursuant to 28 U.S.C. § 1295(a)(9). II.