United States Postal Service Board of Governors v. Aikens Joint Appendix
Public Court Documents
February 18, 1977 - December 22, 1981

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Brief Collection, LDF Court Filings. United States Postal Service Board of Governors v. Aikens Joint Appendix, 1977. 7a412d33-c79a-ee11-be37-000d3a574715. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/441b44b9-42fe-4d23-82bf-e7f4be29e37e/united-states-postal-service-board-of-governors-v-aikens-joint-appendix. Accessed July 30, 2025.
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ilu tljp Oluurt uf Inttflt t̂atrs October T erm , 1981 No. 81-1044 U nited States Postal Service Board op Governors, Petitioner Louis H. A ik ens ON writ of certiorari to the united states court OF APPEALS for THE DISTRICT OF COLUMBIA CIRCUIT JOINT APPENDIX TABLE OF CONTENTS OF APPENDIX Page Relevant Docket Entries ................................................... 1 Stipulation Of Facts, filed January 5, 1979 .................... 6 Order allowing certiorari .................................................. 12 RELEVANT DOCKET ENTRIES DATE 1977 Feb 18 Feb 18 Apr 26 Apr 26 May 6 May 9 May 20 May 23 PROCEEDINGS Jun 20 Jul 27 Sept 13 COMPLAINT. SUMMONS (13) and copies (13) of complaint issued. ALL defts ser 2-24-77. U.S. Atty ser 2-25-77. ANSWER by defts. to complaint; c/m 4-26-77. Ap pearance of Michael J. Ryan. CALENDARED. CAL/N. MOTION by defts. to dismiss the complaint vs. defts. # 3 thru 11; memorandum; c/m 4-26-77. STATEMENT of points and authorities by pltff. in opposition to defts’ motion to dismiss the com plaint vs. defts. # 3 , 4, 5, 6, 7, 8, 9, 10 and 11; c/s 5-6-77. CHANGE of address of L. Harold Aikens, Jr. attorney for pltf.; c/m 5-9-77. CD/N MOTION of defts. # 3 thru #11 to dismiss com plaint heard and granted. Discovery close July 20, 1977. (Rep. E. A. Kaufman) Hart, J. ORDER filed May 20, 1977 granting defts’ motion to dismiss and deft., Bolger, Ching, Codding, Hardesty, Holding, Irvine, Nevin, Robertson and Wright are dismissed from this action. (N) Hart, J. INTERROGATORIES by pltff. to deft.; c /s 6-20-77. STIPULATION extending deft’s time to and in cluding 8-16-77 to answer pltff’s interrogatories. (FIAT) (N) Hart, J. OBJECTIONS by deft, to first interrogatories of pltf.; c /s 9-13-77. ( 1) DATE PROCEEDINGS 1977 Sept 13 ANSWERS by deft, to first interrogatories of pltf.; appendices A thru D ; c /s 9-13-77. 1978 June 14 STATUS Hearing. Court will mail a pre-trial order. Trial to be set later. (Rep: E. Sanche) Hart, J. June 19 PRETRIAL Order filed 6-15-78. (N) Hart, J. Jul 24 SUPPLEMENTAL answer by defts. to pltff’s first interrogatories; attachments (3). Aug 1 MOTION by deft, for enlargement of time to & in cluding 8/16/78 within which the defts. may file a list of witnesses and exhibits. Aug 1 PRETRIAL statement of pltff.; appendix; Exhibits 1 thru 24. Aug 9 ORDER FILED Aug. 8, 1978 enlarging deft’s time to file list of witnesses and exhibits to and includ ing 8-16-78. (N) Hart, J. Aug 16 LIST by defts. of witnesses and exhibits; Exhibit 1 (3 vols.), exhibit 2 & 3. Aug 31 MOTION by defts. # 1 & 2 for extension of time to submit responsive pre-trial brief. Sept 05 ORDER filed 9/1/78 granting an extension of time to and including 9/11/78 for deft, to file a re sponsive pre-trial brief (N) Hart, J. Sept 11 PRE-TRIAL STATEMENT by D eft.; Attachments (2 ) Oct 16 REPLY by pltff. to Pretrial Statement. Nov 13 APPEARANCE of Susanne M. Lee, as counsel for deft. CAL/N. Nov 28 STATUS HEARING. Trial set Jan. 2, 1979 at 10:00 A.M. (Rep. E. A. Kaufman) (N) Hart, J. DATE 1978 PROCEEDINGS Dec 6 Dec 7 Dec 8 Dec 8 Dec 21 Dec 22 Dec 26 Dec 28 Dec 29 NOTICE by defts. to take deposition of Tommy Wilson; Exhibit. NOTICE by defts. to take deposition of Victor Dun bar.; Exhibit. NOTICE by defts. to take deposition of Thomas Roberts; Exhibit. NOTICE by defts. to take deposition of Francis Schwartz; Exhibit. NOTICE by defts. to take deposition of Ellsworth Rapee; Exhibit. DEPOSITION of Victor Dunbar for the deft.; Ex hibit A & B. DEPOSITION of Francis M. Schwartz taken on 12-18-78 for the deft. DEPOSITION of Tommy L. Wilson taken on 12-13- 78 for the deft. STIPULATION of facts. 1979 Jan 2 TRIAL by Court begun; respited to 1-3-79 at 9:30 A.M. (Rep. Joan Blair) Hart, J. Jan 3 TRIAL resumed; concluded; counsel for each side present; proposed findings of fact and conclu sions of law by Feb. 1, 1979. (Rep. E. A. Kauf man) Hart, J. Jan 5 EXHIBITS of pltff. # 1 , # 2 and #3-A thru #4 . (C.R. blotter) Jan 26 TRANSCRIPT of Proceedings of Jan. 3, 1979; pages 254-280; Rep. Thomas Dourlan; Court Copy. Feb 1 NOTICE by deft, of filing proposed findings of fact and conclusions of law by deft. DATE 1979 Feb 1 Feb 13 Feb 26 Feb 27 Feb 28 Mar 30 Mar 30 Apr 27 June 06 1981 Jan 6 PROCEEDINGS PROPOSED Findings of Fact and Conclusions of Law by pltff. DEPOSITION of Thomas J. Roberts for the deft. FINDINGS of Fact and Conclusions of Law. (N) Hart, J. ORDER filed Feb. 26, 1979 dismissing the action with prejudice. (N) Hart, J. JUDGMENT filed 2-26-79 in favor of deft, and against the pltf. (N) HART, J. TRANSCRIPT of proceeding of 1-2-79; (Rep: J. Blair) ; Pages 1-157; court copy. TRANSCRIPT of proceedings of 1-3-79; (Rep: J. B lair): Pages 158-337; court copy. NOTICE of appeal of pltf. from judgment entered on 2-26-79; $5.00 paid & credited to the U.S.; Copy mailed to Susanne M. Lee & Michael J. Ryan. RECORD on appeal delivered to USCA; Receipt acknowledged (79-1574) CERTIFIED COPY OF JUDGMENT from USCA dtd 7-31-80 reversing District Court’s decision and remanded case for further proceedings con sistent with the opinion of USCA filed herein; opinion. Jan 6 BILL OF COSTS as taxed by Clerk of Court of Appeal against appellee in the amount of $150.20. Jan 14 CHANGE OF ADDRESS for pltfs. counsel L. Harold Aikens, Jr., 1613 Crittenden St. N.E. 20017; tel: 755-6545. HART, J. DATE PROCEEDINGS 1981 Jan 14 Jan 19 Mar 25 Apr 27 July 2 Oct 06 Dec 22 STATUS HEARING AFTER REMAND: deft, con sidering an appeal to the Supreme Court. Stay is granted until 2-20-81. Advise the Court in writ ing re: status. (Rep. Joan Blair) HART, J. ORIGINAL RECORD returned from USCA, 1 vol., 3 transcripts, 5 exhibits in manila envelope & 4 depositions. (USCA#79-1574) NOTICE by defts. of filing a copy of an Order by the Supreme Court dated 3-13-81, attachment. NOTICE by defts. of filing a copy of the Petition for a Writ of Certiorari to the U.S.C.A. filed 4-20-81, attachment. NOTICE by defts. of filing a copy of the decision of the Supreme Court, 49 U.S.L.W. 3967 (June 30, 1981); attachment. CERTIFIED copy of Amended Judgment from USCA dated 9-8-81, Ordered & Adjudged Vacat ing the Judgment of the District Court and RE MANDING case to the District Court for further proceedings. OPINION (USCA#79-1574) NOTICE by defts. of Filing; Attachment—Petition for writ of Certiorari to USCA. UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA Civil Action No. 77-0303 Louis H. A ik en s , plaintiff V. W illiam F. Bolger, defendant Filed Jan. 5, 1979 STIPULATION OF FACTS Counsel for Defendant and counsel for Plaintiff hereby stipulate to the following facts for the purpose of trial in the above-captioned action: 1. Plaintiff, a black male, was an employee of the U.S. Postal Service (and its predecessor organization) in Washington, D.C. at all times pertinent to this complaint. 2. Title VII of the Civil Rights Act of 1964, as amended, is applicable to the U.S. Postal Service, an in dependent establishment in the executive branch of the U.S. government, which is headed by the Postmaster General. 3. As of February 7, 1974, the employee complement of the Washington, D.C. Post Office totaled 8,634 em ployees, 7,403 of whom were of a minority group back ground (85.7%). 4. As of the above date, 84.3% of Category I em ployees (covered by the 1973 National Agreement) were of a minority group background; 65.9% of Category II employees (not covered by the Agreement and in pay levels 1-14, except Postmasters and Supervisors) were of a minority group background; 51.6% of Category III employees (not covered by Agreement and in pay levels 15 and above including all Supervisors and Postmasters) were of a minority group background. 5. From August 27, 1966 until January 8, 1972, plaintiff was the highest ranking black in the Wash ington, D.C. Post Office. 6. Plaintiff was not detailed or promoted above his position of Assistant Director, Operations Division for Transit Mails from August 27, 1966 to January 9, 1974. 7. From August 27, 1966 to January 9, 1974, the following twelve whites, all of whom, with the exception of one, were junior to plaintiff in supervisory seniority, progressed in their careers, being detailed and or pro moted to higher levels: Dominic M. Barranca, Lawrence V. Bateman, Jr., August J. Eckerl, Louis M. Lieb, Francis A. Miller, Ellsworth H. Rapee, Elmer C. Ray, Marvin G. Thomas, Carmen Errico, William E. Hahn, Donald J. Robertson, and Joseph J. Spelta. 8. Plaintiff had more overall seniority than his twelve white colleagues named in paragraph 7. 9. With one exception, that of J. J. Spelta, who was promoted on October 16, 1951, plaintiff, who was pro moted on October 1, 1952, held more seniority as a supervisor than his white colleagues. 10. With the exception of four of the supervisors named, all had salaries above the $24,066 earned by the plaintiff at the time he filed his complaint on January 4, 1974. 11. There was no derogatory or negative information found in plaintiff’s Official Personnel Folder to indicate that he had not fulfilled the requirements of his position. 12. Of the twelve white supervisors named in para graph 7, the educational level of two, Bateman and Spelta, is unknown; Miller completed 10th grade; Rapee and Ray completed 11th grade; Eckerl, Lieb, Thomas, Errico, and Hahn completed high school; Barranca com pleted 8 months of college; and Robertson completed 1 and 1/2 years of college. 13. Carlton Beall completed the 10th grade. 14. Plaintiff has a Master’s degree and completed 3 years residence on his Ph.D. 8 15. Plaintiff participated in the first National Con ference on Equal Employment Opportunity in the Postal Service in September 1967; subsequently he was Chair man of the Postmaster’s E.E.O. Committee for a period of three years; and at the time of filing his E.E.O. com plaint had been the E.E.O. Administrative Officer for the City Post Office for approximately two years. 16. In 1968 Plaintiff was rated as “an outstanding supervisor whose management abilities were far above average.” 17. Plaintiff had as many, or more, training and de velopment courses and seminars as did the twelve white supervisors. 18. The administrative procedure to assign a manage ment official to a detail involved only the preparation of POD Form 1723, “Assignment Order”, signed by an official with authority over the vacant position; the nor mal procedure is to detail an employee for a period not to exceed 89 days, but the detail may be extended by another Form 1723. 19. From August 1966 to JEP in March 1973, there were only four positions higher than plaintiff’s position in the Washington, D.C. Post Office: Director, Installa tion Services (PFS-17); Assistant Director, Operations Division for Distribution (PFS-16); Director, Operations Division (PFS-17); and Postmaster or Officer-in-Charge (PFS-18). 20. The following white person was detailed into the position of Director, Installation Services: L.M. Lieb (7 /26 /71), (10/26/71), (9 /9 /72 until retirement in De cember 1973). 21. The following white persons were detailed and/or promoted into the position of Assistant Director, Opera tions Division for Distribution: L.M. Lieb, (5 /4 /71), (11/14/71); E.C. Ray, (7 /26 /71), (10/22/71); F.A. Miller, (5 /26 /73), 8 /24 /73), (11/21/73) ; M.G. Thomas, (2 /17 /73), (5 /17 /73); D.M. Barranca, (11/6 /71), (9 / 8 /72), (12 /6 /72); L.V. Bateman, Jr., (2 /21/70). 22. The following white persons were detailed and/or promoted into the position of Director, Operations Di vision: D.M. Barranca, (2 /17 /73), (5 /17 /73), (8 /15 / 73), (11/12/73); E.H. Rapee (detailed 5 /4/71 until promotion on 3 /4 /7 2 ), (3 /4 /72-6 /23 /72); E.C. Ray (6 / 24/72), (9 /24/72), (12/23/72). 23. E.H. Rapee was detailed into the position of Of ficer-In-Charge on June 24,1972. 24. Subsequent to JEP, the following white persons were detailed and/or promoted to positions at the follow ing levels higher than plaintiff’s level (PES-20): F.A. Miller (PES-22); C. Errico (PE S-26); M.G. Thomas (PES-26); D.J. Robertson (PES-24); A.J. Eckerl (PES- 21); J.J. Spelta (PES-23); W.E. Hahn (PES-22). 25. From July 1971, when C.G. Beall vacated the postmaster’s position, until JEP in March 1973, there was only one promotion board (February 1972) for the positions of Director, Operations Division, and Assistant Director, Operations Division for Distribution, resulting in E.H. Rupee’s promotion to Director, Operations Di vision (PFS-17) and in L.M. Lieb’s promotion to As sistant Director, Operations Division for Distribution (PFS-16) on March 4,1972. 26. For both of the positions described in paragraph 25, the plaintiff was the second choice of the Promotion Advisory Board, with the selections being forwarded to the Officer-In-Charge on February 25, 1972. 27. On November 6, 1971, D.M. Barranca (PFS-14) was detailed to the position of Acting Assistant Director, Operations Division for Distribution. On February 25, 1972, a promotion advisory board ranked Mr. Barranca third behind plaintiff. 28. On May 4, 1971, L.M. Lieb (PFS-13) was detailed to Acting Assistant Director, Operations Division for Distribution for approximately 3 months, then subse quently detailed to Acting Director, Installation Services (PFS-16) twice until November 14, 1971, when he was again detailed to Acting Assistant Director, Operations 10 Division for Distribution, thus enhancing his experience in higher level jobs. 29. On May 4, 1971, E.H. Rapee (PFS-15) was de tailed to Acting Director, Operations Division, where he remained until his promotion to that same position on March 4, 1972, thus gaining the experience for the job. 30. Both L.M. Lieb and E.H. Rapee subsequently were detailed to new jobs within a short period of time after their promotions of March 4, 1972; L.M. Lieb was again detailed on September 9, 1972, to Acting Director, In stallation Services, where he remained until his retire ment in December 1973, and E.H. Rapee was detailed to the position of Officer-In-Charge on June 24, 1972, where he remained until January 1974. 31. On September 8, 1972, D.M. Barranca was de tailed to the position of Assistant Director, Operations Division for Distribution; this was only six months after he had been selected below plaintiff for that position by the Promotion Advisory Board. 32. The Washington, D.C. Post Office did not post or solicit interested personnel to fill details; individuals were selected by higher level supervisors. 33. Mr. E.H. Rapee believed that postal experience was the predominant qualification factor considered for detail or promotion. 34. In July 1972, Carlton Beall nominated three per sons for the Postmaster position, none of whom was the plaintiff. 35. The Regional Office added the plaintiff’s name as a candidate for Postmaster in 1972, feeling he was quali fied for the position. 36. After plaintiff’s name was added in 1972 as a candidate, the list of four names was never submitted to the selection board for a period of nine months while plaintiff was eligible for consideration. 37. On March 3, 1973, plaintiff’s position. Assistant Director, Operations Division for Transit Mails, was ranked at PES-20. 11 38. As a result of plaintiff’s position being ranked at PES-20, he was no longer eligible for the position of Postmaster, Washington, D.C. 39. Carlton Beall submitted the same three names again in July 1973, after JEP had reduced plaintiff’s position level below that eligible for consideration as a candidate for Postmaster. 40. In the 19 months preceding January 4, 1974, E.H. Rapee was detailed to the position of Officer-In-Charge, City Post Office, Washington, D.C. and he was Beall’s first selection for the Postmaster position. / s / L. Harold Aikens, Jr. L. Harold A ik en s , J r. 615 F Street, N.W. Washington, D.C. 20004 Attorney for Plaintiff / s / Susanne M. Lee SusANNE M. Lee Special Assistant U.S. Attorney U.S. Court House Room 3718 3rd & Constitution Ave., N.W. Washington, D.C. 20001 (202) 472-4759 Attorney for Defendant 12 SUPREME COURT OF THE UNITED STATES No. 81-1044 U nited States Postal Service Board op Governors, PETITIONER V. Louis H. A ik ens ORDER ALLOWING CERTIORARI Filed March 22,1982 The petition herein for a writ of certiorari to the United States Court of Appeals for the District of Co lumbia Circuit is granted. i t V . •• t O V lI N M I li r pailfTMl* OPriCIt 1962 9 7 9 9 0 4 6 9 4