POST OFFICE DEPARTMENT
SUBJECT: Notice of Decision
TO: Henry Chinaski
This will refer to the letter addressed to you dated August 17, 1969, proposing your suspension without pay for three days or other disciplinary action, based on Charge No. 1 specified therein. To date no reply has been received to that letter. After careful consideration of the charge, it has been decided that Charge No. 1, which is supported by substantial evidence, is sustained and warrants your suspension. Accordingly, you will be suspended from duty without pay for a period of three (3) days.
Your first day of suspension will be November 17, 1969, and your last day of suspension will be November 19, 1969.
The element of your past record, as set forth in detail in the letter of proposed adverse action, was also considered in deciding upon the penalty to be imposed.
You have the right to appeal this decision either to the Post Office Department or to the U. S. Civil Service Commission, or first to the Post Office Department and then to the Civil Service Department and then to the Civil Service Commission, in accordance with the following:
If you appeal first to the Civil Service Commission, you will have no right to appeal to the Post Office Department. An appeal to the Civil Service Commission must be submitted to the Regional Director, San Francisco Region, U. S. Civil Service Commission, 450 Golden Gate Avenue, Box 36010, San Francisco, California 94102. Your appeal must (a) be in writing, (b) set forth your reasons for contesting the suspension, with such offer of proof and documents as you are able to submit, and (c) be submitted no later than 15 days after the effective date of your suspension. The Commission will upon proper appeal, review the action only to deter– mine that, proper procedures have been followed, unless you furnish an affidavit alleging that the action is for political reasons, except as may be required by law, or resulted from discrimination because of martial status or physical handicap. If you appeal to the Post Office Department, you will not be entitled to appeal to the Commission until after a first level decision has been made on your appeal by the Department. At that point, you will have a choice of continuing with your appeal through higher levels in the Post Office Department or appealing to the Commission. However, if no first level decision on the appeal has been made within 60 days after it is filed,
you may elect to terminate your appeal to the Department by appealing to the Commission.
If you appeal to the Post Office Department within ten (10) calendar days of receiving this notice of decision, your suspension will not be put into
effect until you have received a decision on your appeal from the Regional Director, Post Office Department. Further, if you appeal to the Department, you have the right to be accompanied, represented, and advised by a representative of your own choosing. You and your representative will have freedom from restraint, interference, coercion, descrimination, or reprisal. You and your representative will also be allowed a reasonable amount of official time to prepare your presentation.
An appeal to the Post Office Department may be submitted at any time after you receive this letter but not later than 15 calendar days after the effective date of the suspension. Your letter must include a request for a hearing or a state– ment that no hearing is desired. The appeal should be addressed to:
Regional Director Post
Office Department 631
Howard Street San
Francisco, California 94106
If you file an appeal with either the Regional Director or with the Civil Service Commission, furnish me with a signed copy of the appeal at the same time it is sent to the Region or Civil Service Commission.
If you have any questions about the appeals procedure, you may contact Richard N. Marth, Employee Services and Benefits Assistant, at the Employment and Services Section, Office of Personnel, Room 2205, Federal Building, 300 North Los Angeles Street, between 8:30 a.m. and 4 p.m., Monday through Friday.