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KEMPINSKI v. GREENE

December 7, 1960

Stephen L. KEMPINSKI
v.
Le Roy V. GREENE, Regional Operations Director, Post Office Department, 30th and Market Streets, Philadelphia, Pennsylvania



The opinion of the court was delivered by: CLARY

The matter is now before the Court on plaintiff's and defendant's cross motions for summary judgment. Originally scheduled for hearing in this action was a motion of the defendant to dismiss under Rule 12 or, in the alternative, motion for summary judgment under Rule 56 of the Federal Rules of Civil Procedure, 28 U.S.C.A.

After argument on the original motion, counsel for the defendant, the United States Attorney, requested permission to file a supplemental brief, which was granted. Attached to defendant's original brief (Docket Paper No. 4) were several Exhibits, 'A' to 'G' inclusive, which were not part of the record of the case. Attached to defendant's supplemental brief (Docket Paper No. 5) were additional Exhibits, 'H' to 'M' inclusive, and the complete document of the original Exhibit 'D'. Because in a motion for summary judgment these Exhibits could not a considered, as they were not part of the record, the Court called a conference of the attorneys, in the nature of a pre-trial, and as a result of that conference, the parties, through their attorneys, stipulated (Docket Paper No. 6) that the Exhibits attached to defendant's brief and supplemental brief (Docket Papers Nos. 4 and 5) might be considered as part of the record with the same force and effect as though admitted in evidence at a trial, and further stipulated that such documents together with the exhibits attached to the complaint of the plaintiff constitute the entire record of the case to be presented to the Court. Plaintiff thereupon filed his motion for summary judgment under Rule 56 of the Federal Rules of Civil Procedure (Docket Paper No. 7).

 On October 7, 1957 the Terminal Superintendent recommended to the District Postal Manager of Philadelphia that plaintiff be removed from his position. On October 8, 1957 the District Postal Manager, R. A. Moon, by written memorandum directed the Terminal Superintendent to remove the plaintiff from the postal service effective October 28, 1957. The plaintiff was notified by letter, signed by the said District Postal Manager, R. A. Moon, that he would be discharged from his position on October 28, 1957. Plaintiff was also advised that he might appeal to the United States Civil Service Commission for the Third Circuit Civil Service Region which, in fact, he did. Plaintiff's removal was sustained by the Third United States Civil Service Region as well as by the United States Civil Service Commission Board of Appeals and Review.

 Plaintiff thereupon filed his complaint in this Court on June 3, 1960, alleging jurisdiction under the Act of Aug. 1912, 5 U.S.C.A. § 652, and the Administrative Procedural Act of June 11, 1946, 5 U.S.C.A. § 1009. The complaint charged that the removal of the plaintiff from employment as aforesaid was arbitrary, capricious, unwarranted, without proper cause and contrary to law; that the removal was improper and void of any legal effect in that it was without authority and without a lawful delegation of authority from the Postmaster General of the United States to the District Postal Manager. It also asked a hearing de novo and that a preliminary and final injunction be issued restraining the defendant from continuing the illegal removal of the plaintiff and directing reinstatement of the plaintiff to his position of distribution clerk in the Postal Transportation Service, Philadelphia Terminal, Philadelphia, Pennsylvania.

 The sole question at issue before the Court is whether the Postmaster General has properly delegated, through channels, authority to the District Postal Manager to discharge the plaintiff. It is the opinion of the Court after careful study of all the documents submitted that proper delegation has been established and the defendant must prevail in this action.

 The fundamental basis of the right of the Postmaster General to delegate responsibility will be found in Volume 14 (1949) of the Federal Register at page 5226 under date of August 23, 1949. The President transmitted to the Congress, pursuant to the Reorganization Act of 1949, approved June 20, 1949, 5 U.S.C.A. § 133z et seq., Reorganization Plan No. 3 of 1949, relating to the Post Office Department; subparagraph (b) of Section 1, 5 U.S.C.A. following section 133z-15, reading as follows:

 'The Postmaster General is hereby authorized to delegate to any officer, employee, or agency of the Post Office Department designated by him such of his functions as he deems appropriate'.

 To implement this directive, there was issued an Organizational Chart No. 824 in conjunction with Post Office Organization and Administration transmittal letter No. 9 of August 13, 1956, showing the regional organization of the Post Office Department under the direction of the Regional Director, which chart shows the Operations Manager and the Personnel Manager, the Postal Districts and the Transportation Districts to be under the direction of the said Regional Director.

 In conjunction with the said chart, there was also issued certain organizational statements which provide at 824.8 that the Personnel Manager 'Assists the Regional Director in the direction of all personnel management functions in the region, including * * * review and disposition of disciplinary actions * * *.'

 It is clear from the foregoing documents that the Postmaster General by proper authority delegated to him did vest the authority in the Regional Director to discharge postal employees under his jurisdiction. The first challenge of the plaintiff that no such delegation was made to the Regional Director must, therefore, of necessity fail.

 Indeed, it would be difficult to find a broader delegation of authority than that contained in the Postmaster General's Order No. 55809 of January 3, 1955; Section (b) of that Order reads as follows:

 '(b) Pursuant to authority of Section 1(b) of Reorganization Plan 3 of 1949 (63 Stat. 1066), each Regional Director, presently appointed or hereafter appointed (including the person acting as such officer), is hereby vested with general jurisdiction over the postal affairs in his respective region, including all of the powers, duties, functions, and jurisdiction which have been, or which may in the future be, delegated to each officer and employee under his supervision. The regional and district officers and employees shall ...


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