Complaint of Randall Ehrlich, 32429-32431 [2020-11518]
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Federal Register / Vol. 85, No. 104 / Friday, May 29, 2020 / Notices
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I. Introduction
The Commission gives notice that the
Postal Service filed request(s) for the
Commission to consider matters related
to negotiated service agreement(s). The
request(s) may propose the addition or
removal of a negotiated service
agreement from the market dominant or
the competitive product list, or the
modification of an existing product
currently appearing on the market
dominant or the competitive product
list.
Section II identifies the docket
number(s) associated with each Postal
Service request, the title of each Postal
Service request, the request’s acceptance
date, and the authority cited by the
Postal Service for each request. For each
request, the Commission appoints an
officer of the Commission to represent
the interests of the general public in the
proceeding, pursuant to 39 U.S.C. 505
(Public Representative). Section II also
establishes comment deadline(s)
pertaining to each request.
The public portions of the Postal
Service’s request(s) can be accessed via
the Commission’s website (https://
www.prc.gov). Non-public portions of
the Postal Service’s request(s), if any,
can be accessed through compliance
with the requirements of 39 CFR
3011.301.1
The Commission invites comments on
whether the Postal Service’s request(s)
in the captioned docket(s) are consistent
with the policies of title 39. For
request(s) that the Postal Service states
concern market dominant product(s),
applicable statutory and regulatory
requirements include 39 U.S.C. 3622, 39
U.S.C. 3642, 39 CFR part 3030, and 39
CFR part 3040, subpart B. For request(s)
that the Postal Service states concern
competitive product(s), applicable
statutory and regulatory requirements
include 39 U.S.C. 3632, 39 U.S.C. 3633,
39 U.S.C. 3642, 39 CFR part 3035, and
39 CFR part 3040, subpart B. Comment
deadline(s) for each request appear in
section II.
II. Docketed Proceeding(s)
1. Docket No(s).: MC2020–137 and
CP2020–146; Filing Title: USPS Request
to Add Priority Mail Express
International, Priority Mail International
& First-Class Package International
Service Contract 3 to Competitive
Product List and Notice of Filing
Materials Under Seal; Filing Acceptance
Date: May 22, 2020; Filing Authority: 39
U.S.C. 3642, 39 CFR 3040.130 et seq.,
1 See Docket No. RM2018–3, Order Adopting
Final Rules Relating to Non-Public Information,
June 27, 2018, Attachment A at 19–22 (Order No.
4679).
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and 39 CFR 3035.105; Public
Representative: Kenneth R. Moeller;
Comments Due: June 2, 2020.
2. Docket No(s).: MC2020–138 and
CP2020–147; Filing Title: USPS Request
to Add Priority Mail Contract 617 to
Competitive Product List and Notice of
Filing Materials Under Seal; Filing
Acceptance Date: May 22, 2020; Filing
Authority: 39 U.S.C. 3642, 39 CFR
3040.130 et seq., and 39 CFR 3035.105;
Public Representative: Christopher C.
Mohr; Comments Due: June 2, 2020.
This Notice will be published in the
Federal Register.
Erica A. Barker,
Secretary.
[FR Doc. 2020–11614 Filed 5–28–20; 8:45 am]
BILLING CODE 7710–FW–P
POSTAL REGULATORY COMMISSION
[Docket No. C2020–1; Order No. 5519]
Complaint of Randall Ehrlich
Postal Regulatory Commission.
Notice.
AGENCY:
ACTION:
The Commission is noticing
an order denying a motion to expand
issues in the Complaint of Randall
Ehrlich v. United States Postal Service,
which relates to alleged discrimination
by Postal Service management in
continuing a suspension of mail service
due to a dog hold on the Complainant’s
residence. This notice informs the
public of that denial.
ADDRESSES: For additional information,
Order No. 5519 can be accessed
electronically through the Commission’s
website at https://www.prc.gov.
FOR FURTHER INFORMATION CONTACT:
David A. Trissell, General Counsel, at
202–789–6820.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Table of Contents
I. Introduction and Procedural History
II. Motion To Expand Issues
III. Commission Analysis
I. Introduction and Procedural History
On December 23, 2019, Randall
Ehrlich (Complainant) filed a complaint
pursuant to 39 U.S.C. 3662(a) and 403(c)
concerning an ongoing suspension of
mail service to his home.1 The
Complainant alleges that the Postal
Service unreasonably discriminated
against him in its suspension of mail
delivery to his front porch mailbox.
Complaint at 13. He requests that the
Commission require delivery to be
1 Complaint of Randall Ehrlich, December 23,
2019 (Complaint).
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32429
restored to his front porch mailbox and
that ‘‘all discriminatory acts and
omissions’’ against Complainant ‘‘cease
immediately.’’ Id. at 14. On January 13,
2020, the Postal Service filed a motion
to dismiss the Complaint.2 Complainant
responded to the Motion to Dismiss on
January 31, 2020.3
Chairman’s Information Request No. 1
was issued on January 16, 2020,4 which
the Postal Service responded to on
January 23, 2020.5 Chairman’s
Information Request No. 2 6 was issued
February 4, 2020, to which the Postal
Service responded on February 18,
2020,7 after requesting 8 and receiving 9
an extension of time to respond.
Complainant replied to the Response to
CHIR No. 2 on February 24, 2020.10
On March 17, 2020, the Commission
concluded that the Complaint raised
material issues of fact, and therefore
denied the Postal Service’s Motion to
Dismiss pursuant to 39 U.S.C. 3662(b)
and 39 CFR 3030.30(a)(1).11
Additionally, the Commission
appointed a Presiding Officer to set a
procedural schedule and conduct
limited discovery for the purpose of
determining disputed issues of fact in
the case.12 The Commission stated that
the scope of the discovery proceeding
would be limited only to fact-finding
conducted by the Presiding Officer on
specific issues of fact to resolve whether
a violation of 39 U.S.C. 403 occurred,
namely:
1. Whether any dogs remain at
Complainant’s residence that are
2 United States Postal Service Motion to Dismiss
with Prejudice the Complaint of Randall Ehrlich,
January 13, 2020 (Motion to Dismiss).
3 Response to Motion to Dismiss, January 31, 2020
(Response).
4 Chairman’s Information Request No. 1, January
16, 2020 (CHIR No. 1).
5 Responses of the United States Postal Service to
Questions No 1–2 of Chairman’s Information
Request No. 1, January 23, 2020 (Response to CHIR
No. 1).
6 Chairman’s Information Request No. 2, February
4, 2020 (CHIR No. 2).
7 Response of the United States Postal Service to
Questions 1–4 of Chairman’s Information Request
No. 2, February 18, 2020 (Response to CHIR No. 2).
8 United States Postal Service Motion for
Extension of Time to File Response to Questions 1–
4 of Chairman’s Information Request No. 2,
February 11, 2020 (Postal Service Motion).
9 Order Granting Motion for Extension of Time to
File Responses to Chairman’s Information Request
No. 2, February 12, 2020 (Order No. 5425). Order
No. 5425 also granted Complainant additional time
to respond to the Postal Service’s answers. Order
No. 5425 at 2.
10 Response to USPS’s Answers to Chairman
Information Request No. 2, with Third Ehrlich
Declaration, February 24, 2020 (Reply to CHIR No.
2 Responses).
11 Order Denying Postal Service Motion to
Dismiss Complaint and Notice of Limited Formal
Proceedings, March 17, 2020, at 7 (Order No. 5455).
12 Order No. 5455 at 8; see 39 CFR 3030.21.
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Federal Register / Vol. 85, No. 104 / Friday, May 29, 2020 / Notices
aggressive or could be a threat to carrier
safety.
2. Whether postal management
followed non-discriminatory processes
in its continuance of a dog hold on
Complainant’s residence.
3. Whether the alternate mailbox site
proposed by the Complainant was a
reasonable compromise between carrier
safety and Complainant’s security
concerns.
4. Whether the Complainant is
obligated to comply with a mailbox
relocation if there are no aggressive dogs
remaining at his residence.
5. Whether a locked mailbox at the
mailbox site approved by the Postal
Service would alleviate Complainant’s
security concerns.
Order No. 5455 at 8.
On March 18, 2020, the Presiding
Officer issued a ruling scheduling a
prehearing teleconference between the
parties and established initial case
management procedures.13 The
prehearing teleconference was held as
scheduled.14 The Presiding Officer
subsequently propounded the first set of
interrogatories to the Complainant and
to the Postal Service on April 16, 2020,
pursuant to 39 CFR 3001.12(a),
3001.26(a), and 3001.27(a).15 Since
then, the Presiding Officer has issued
several other rulings modifying the
procedural schedule and setting forth
additional case management
procedures.16
II. Motion To Expand Issues
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On May 13, 2020, Complainant filed
a motion 17 requesting that the
Commission expand the issues under
consideration to include the following
issues related to dog holds under the
Seattle District Animal/Insect Policy
(Policy):
[1.] Whether the Policy, in blanketly
stating that carriers shall not deliver
mail to homes where dogs are kept only
behind a screen or storm door, without
consideration for the dog’s age, sex, size,
breed composition, sterilization status,
degree of training, assistance animal
legal status (protection under state or
13 Presiding Officer’s Ruling Scheduling
Prehearing Teleconference and Establishing Initial
Case Management Procedures, March 18, 2020.
14 Notice of Posting of Recording, April 17, 2020.
15 Certificate Regarding Discovery, April 16, 2020.
16 Presiding Officer’s Ruling Establishing
Procedural Schedule and Additional Case
Management Procedures, April 16, 2020; Presiding
Officer’s Ruling Denying Request for an Indefinite
Abeyance and Granting 30-Day Extension of
Procedural Deadlines, April 24, 2020; Presiding
Officer’s Ruling Adjusting Procedural Schedule,
May 8, 2020.
17 Complainant’s Motion to Expand Issues, May
13, 2020 (Motion).
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17:06 May 28, 2020
Jkt 250001
federal law, such as Americans with
Disabilities Act, Fair Housing Act, or
Washington Law Against
Discrimination), animal control
complaint history, adverse designation
legal status, ambulatory capability or
degree of incapacitation, weight, and
other factors, illegally discriminates
against postal customers without air
conditioning or those who simply wish
to enjoy a natural breeze inside their
dwelling instead or artificially cooled
air, rendering its continued enforcement
violative of 39 U.S.C. 403(c).
[2.] Whether the presence or
supervision by the customer of the dog
while behind the screen or storm door
negates the foregoing Policy
proscription, rendering its continued
enforcement violative of 39 U.S.C.
403(c).
[3.] Whether a gate or secondary
barrier behind the screen or storm door
negates the foregoing Policy
proscription, rendering its continued
enforcement violative of 39 U.S.C.
403(c).
[4.] Whether Mr. Ehrlich’s carrier,
Tonya Voisine, with or without USPS
condonation, has engaged in retaliatory,
harassing, and destructive behavior,
which constitutes unreasonable or
undue discrimination against Mr.
Ehrlich in the course of delivering and
retrieving his mailpieces in violation of
39 U.S.C. 403(c). Motion at 2.
In support of the Motion,
Complainant submitted a declaration
providing statements in support of his
assertion that the Policy unreasonably
discriminates against dog owners
without air conditioning.18 He also
reiterates his concern that the mail
carrier assigned to his route would
continue to ‘‘tamper with, deface, and
destroy’’ his mail if she is not removed
from the route. Third Declaration at 2.
The Postal Service responded to the
Motion on May 20, 2020.19 The Postal
Service urges that the Commission deny
the Motion in its entirety. Opposition at
1. It asserts that expanding the scope of
the proceeding beyond the limited issue
of potential discrimination against the
Complainant in the maintenance of a
dog hold is contrary to the intent of
Order No. 5455. Id. at 6. It also states
that expanding the scope of issues
under consideration is unnecessary
because the Postal Service is taking
steps to permanently restore mail
delivery to the front porch mailbox at
Complainant’s residence. Id.
18 Third Declaration of Randall Ehrlich, May 13,
2020, at 2 (Third Declaration).
19 United States Postal Service’s Opposition to
Complainant’s Motion to Expand Issues, May 20,
2020 (Opposition).
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II. Commission Analysis
The Commission has previously
stated that it lacks the jurisdiction to
rule on internal postal personnel issues
such as carrier assignments and
disciplinary actions.20 The Motion and
supporting Third Declaration seek to
reintroduce the Complainant’s prayer
for removal of the mail carrier assigned
to his route. Given the precedent on the
Commission’s lack of jurisdiction, it
would be inappropriate to expand the
issues considered to include those over
which an appropriate remedy could not
be granted.
Complainant also seeks to shift the
focus of the Complaint away from a
dispute between the Postal Service and
himself, and introduce a referendum on
the Postal Service’s policy writ large.
The Commission found discrete
material issues that it referred to the
Presiding Officer for resolution after
careful examination of the Complaint
and responses. Moreover, the
Commission notes that the parties are in
the midst of ongoing discovery under
the direction and supervision of the
Presiding Officer in an attempt to
resolve those discrete issues. The
extensive procedural history of this
matter as well as the discovery already
underway suggest that the Commission
avoid expanding the scope of the issues
under consideration at this juncture. If
Complainant’s allegations of undue
discrimination vis a vis similarly
situated dog owners are proven true,
then the Commission could grant the
relief of ordering restoration of porch
delivery to the Complainant’s residence
without the introduction of the
additional allegations. Whether the
Complainant does or does not have air
conditioning or the structure of his
storm door are not necessary elements
in obtaining the relief sought in his
claim.
Finally, the Postal Service alleges in
its Opposition that it is taking steps to
restore porch mailbox delivery to
Complainant, thereby rendering his
Motion moot. The Commission
commends the Postal Service for taking
steps towards resolving the issue but
declines to rule on the mootness claim
at this time.
It is ordered:
20 See Docket No. C2015–2, Order Granting
Motion to Dismiss, July 15, 2015 (Order No. 2585);
Docket No. C2019–1, Order Granting Motion to
Dismiss, December 12, 2018, at 11 (Order No. 4924)
(‘‘Complainant requests several remedies related to
Postal Service personnel—including the removal of
a letter carrier from her route as well as initiation
of disciplinary actions, including the termination of
several employees. . .[t]hese actions are outside the
Commission’s authority to grant relief. Labor and
personnel decisions are the purview of the Postal
Service as the postal operator.’’).
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Federal Register / Vol. 85, No. 104 / Friday, May 29, 2020 / Notices
1. Complainant’s Motion to Expand
Issues, filed May 13, 2020, is denied.
2. The Secretary shall arrange for
publication of this Order in the Federal
Register.
By the Commission.
Erica A. Barker,
Secretary.
gives notice that, pursuant to 39 U.S.C.
3642 and 3632(b)(3), on May 8, 2020, it
filed with the Postal Regulatory
Commission a USPS Request to Add
Priority Mail Contract 614 to
Competitive Product List. Documents
are available at www.prc.gov, Docket
Nos. MC2020–130, CP2020–137.
Sean Robinson,
Attorney, Corporate and Postal Business Law.
[FR Doc. 2020–11518 Filed 5–28–20; 8:45 am]
BILLING CODE 7710–FW–P
[FR Doc. 2020–11505 Filed 5–28–20; 8:45 am]
BILLING CODE 7710–12–P
POSTAL SERVICE
Product Change—Priority Mail
Negotiated Service Agreement
Product Change—Priority Mail
Negotiated Service Agreement
Postal ServiceTM.
ACTION: Notice.
The Postal Service gives
notice of filing a request with the Postal
Regulatory Commission to add a
domestic shipping services contract to
the list of Negotiated Service
Agreements in the Mail Classification
Schedule’s Competitive Products List.
DATES: Date of required notice: May 29,
2020.
FOR FURTHER INFORMATION CONTACT:
Sean Robinson, 202–268–8405.
SUPPLEMENTARY INFORMATION: The
United States Postal Service® hereby
gives notice that, pursuant to 39 U.S.C.
3642 and 3632(b)(3), on May 20, 2020,
it filed with the Postal Regulatory
Commission a USPS Request to Add
Priority Mail Contract 616 to
Competitive Product List. Documents
are available at www.prc.gov, Docket
Nos. MC2020–135, CP2020–143.
SUMMARY:
Sean Robinson,
Attorney, Corporate and Postal Business Law.
[FR Doc. 2020–11510 Filed 5–28–20; 8:45 am]
Postal ServiceTM.
ACTION: Notice.
AGENCY:
The Postal Service gives
notice of filing a request with the Postal
Regulatory Commission to add a
domestic shipping services contract to
the list of Negotiated Service
Agreements in the Mail Classification
Schedule’s Competitive Products List.
DATES: Date of required notice: May 29,
2020.
FOR FURTHER INFORMATION CONTACT:
Sean Robinson, 202–268–8405.
SUPPLEMENTARY INFORMATION: The
United States Postal Service® hereby
gives notice that, pursuant to 39 U.S.C.
3642 and 3632(b)(3), on May 22, 2020,
it filed with the Postal Regulatory
Commission a USPS Request to Add
Priority Mail Contract 617 to
Competitive Product List. Documents
are available at www.prc.gov, Docket
Nos. MC2020–138, CP2020–147.
SUMMARY:
[FR Doc. 2020–11511 Filed 5–28–20; 8:45 am]
POSTAL SERVICE
BILLING CODE 7710–12–P
Product Change—Priority Mail
Negotiated Service Agreement
POSTAL SERVICE
Postal ServiceTM.
ACTION: Notice.
AGENCY:
The Postal Service gives
notice of filing a request with the Postal
Regulatory Commission to add a
domestic shipping services contract to
the list of Negotiated Service
Agreements in the Mail Classification
Schedule’s Competitive Products List.
DATES: Date of required notice: May 29,
2020.
FOR FURTHER INFORMATION CONTACT:
Sean Robinson, 202–268–8405.
SUPPLEMENTARY INFORMATION: The
United States Postal Service® hereby
jbell on DSKJLSW7X2PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
17:06 May 28, 2020
Jkt 250001
Sean Robinson, 202–268–8405.
The
United States Postal Service® hereby
gives notice that, pursuant to 39 U.S.C.
3642 and 3632(b)(3), on May 15, 2020,
it filed with the Postal Regulatory
Commission a USPS Request to Add
Priority Mail & First-Class Package
Service Contract 148 to Competitive
Product List. Documents are available at
www.prc.gov, Docket Nos. MC2020–134,
CP2020–142.
SUPPLEMENTARY INFORMATION:
[FR Doc. 2020–11509 Filed 5–28–20; 8:45 am]
BILLING CODE 7710–12–P
POSTAL SERVICE
Sean Robinson,
Attorney, Corporate and Postal Business Law.
BILLING CODE 7710–12–P
FOR FURTHER INFORMATION CONTACT:
Sean Robinson,
Attorney, Corporate and Postal Business Law.
POSTAL SERVICE
AGENCY:
32431
Product Change—Priority Mail and
First-Class Package Service
Negotiated Service Agreement
Postal ServiceTM.
Notice.
Product Change—Priority Mail and
First-Class Package Service
Negotiated Service Agreement
Postal ServiceTM.
ACTION: Notice.
AGENCY:
The Postal Service gives
notice of filing a request with the Postal
Regulatory Commission to add a
domestic shipping services contract to
the list of Negotiated Service
Agreements in the Mail Classification
Schedule’s Competitive Products List.
DATES: Date of required notice: May 29,
2020.
FOR FURTHER INFORMATION CONTACT:
Sean Robinson, 202–268–8405.
SUPPLEMENTARY INFORMATION: The
United States Postal Service® hereby
gives notice that, pursuant to 39 U.S.C.
3642 and 3632(b)(3), on May 12, 2020,
it filed with the Postal Regulatory
Commission a USPS Request to Add
Priority Mail & First-Class Package
Service Contract 147 to Competitive
Product List. Documents are available at
www.prc.gov, Docket Nos. MC2020–132,
CP2020–139.
SUMMARY:
Sean Robinson,
Attorney, Corporate and Postal Business Law.
[FR Doc. 2020–11507 Filed 5–28–20; 8:45 am]
BILLING CODE 7710–12–P
AGENCY:
ACTION:
POSTAL SERVICE
The Postal Service gives
notice of filing a request with the Postal
Regulatory Commission to add a
domestic shipping services contract to
the list of Negotiated Service
Agreements in the Mail Classification
Schedule’s Competitive Products List.
DATES: Date of required notice: May 29,
2020.
SUMMARY:
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Product Change—Priority Mail
Express, Priority Mail, & First-Class
Package Service Negotiated Service
Agreement
Postal ServiceTM.
ACTION: Notice.
AGENCY:
The Postal Service gives
notice of filing a request with the Postal
SUMMARY:
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]]>Agencies
[Federal Register Volume 85, Number 104 (Friday, May 29, 2020)]
[Notices]
[Pages 32429-32431]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-11518]
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POSTAL REGULATORY COMMISSION
[Docket No. C2020-1; Order No. 5519]
Complaint of Randall Ehrlich
AGENCY: Postal Regulatory Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Commission is noticing an order denying a motion to expand
issues in the Complaint of Randall Ehrlich v. United States Postal
Service, which relates to alleged discrimination by Postal Service
management in continuing a suspension of mail service due to a dog hold
on the Complainant's residence. This notice informs the public of that
denial.
ADDRESSES: For additional information, Order No. 5519 can be accessed
electronically through the Commission's website at https://www.prc.gov.
FOR FURTHER INFORMATION CONTACT: David A. Trissell, General Counsel, at
202-789-6820.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction and Procedural History
II. Motion To Expand Issues
III. Commission Analysis
I. Introduction and Procedural History
On December 23, 2019, Randall Ehrlich (Complainant) filed a
complaint pursuant to 39 U.S.C. 3662(a) and 403(c) concerning an
ongoing suspension of mail service to his home.\1\ The Complainant
alleges that the Postal Service unreasonably discriminated against him
in its suspension of mail delivery to his front porch mailbox.
Complaint at 13. He requests that the Commission require delivery to be
restored to his front porch mailbox and that ``all discriminatory acts
and omissions'' against Complainant ``cease immediately.'' Id. at 14.
On January 13, 2020, the Postal Service filed a motion to dismiss the
Complaint.\2\ Complainant responded to the Motion to Dismiss on January
31, 2020.\3\
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\1\ Complaint of Randall Ehrlich, December 23, 2019 (Complaint).
\2\ United States Postal Service Motion to Dismiss with
Prejudice the Complaint of Randall Ehrlich, January 13, 2020 (Motion
to Dismiss).
\3\ Response to Motion to Dismiss, January 31, 2020 (Response).
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Chairman's Information Request No. 1 was issued on January 16,
2020,\4\ which the Postal Service responded to on January 23, 2020.\5\
Chairman's Information Request No. 2 \6\ was issued February 4, 2020,
to which the Postal Service responded on February 18, 2020,\7\ after
requesting \8\ and receiving \9\ an extension of time to respond.
Complainant replied to the Response to CHIR No. 2 on February 24,
2020.\10\
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\4\ Chairman's Information Request No. 1, January 16, 2020 (CHIR
No. 1).
\5\ Responses of the United States Postal Service to Questions
No 1-2 of Chairman's Information Request No. 1, January 23, 2020
(Response to CHIR No. 1).
\6\ Chairman's Information Request No. 2, February 4, 2020 (CHIR
No. 2).
\7\ Response of the United States Postal Service to Questions 1-
4 of Chairman's Information Request No. 2, February 18, 2020
(Response to CHIR No. 2).
\8\ United States Postal Service Motion for Extension of Time to
File Response to Questions 1-4 of Chairman's Information Request No.
2, February 11, 2020 (Postal Service Motion).
\9\ Order Granting Motion for Extension of Time to File
Responses to Chairman's Information Request No. 2, February 12, 2020
(Order No. 5425). Order No. 5425 also granted Complainant additional
time to respond to the Postal Service's answers. Order No. 5425 at
2.
\10\ Response to USPS's Answers to Chairman Information Request
No. 2, with Third Ehrlich Declaration, February 24, 2020 (Reply to
CHIR No. 2 Responses).
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On March 17, 2020, the Commission concluded that the Complaint
raised material issues of fact, and therefore denied the Postal
Service's Motion to Dismiss pursuant to 39 U.S.C. 3662(b) and 39 CFR
3030.30(a)(1).\11\ Additionally, the Commission appointed a Presiding
Officer to set a procedural schedule and conduct limited discovery for
the purpose of determining disputed issues of fact in the case.\12\ The
Commission stated that the scope of the discovery proceeding would be
limited only to fact-finding conducted by the Presiding Officer on
specific issues of fact to resolve whether a violation of 39 U.S.C. 403
occurred, namely:
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\11\ Order Denying Postal Service Motion to Dismiss Complaint
and Notice of Limited Formal Proceedings, March 17, 2020, at 7
(Order No. 5455).
\12\ Order No. 5455 at 8; see 39 CFR 3030.21.
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1. Whether any dogs remain at Complainant's residence that are
[[Page 32430]]
aggressive or could be a threat to carrier safety.
2. Whether postal management followed non-discriminatory processes
in its continuance of a dog hold on Complainant's residence.
3. Whether the alternate mailbox site proposed by the Complainant
was a reasonable compromise between carrier safety and Complainant's
security concerns.
4. Whether the Complainant is obligated to comply with a mailbox
relocation if there are no aggressive dogs remaining at his residence.
5. Whether a locked mailbox at the mailbox site approved by the
Postal Service would alleviate Complainant's security concerns.
Order No. 5455 at 8.
On March 18, 2020, the Presiding Officer issued a ruling scheduling
a prehearing teleconference between the parties and established initial
case management procedures.\13\ The prehearing teleconference was held
as scheduled.\14\ The Presiding Officer subsequently propounded the
first set of interrogatories to the Complainant and to the Postal
Service on April 16, 2020, pursuant to 39 CFR 3001.12(a), 3001.26(a),
and 3001.27(a).\15\ Since then, the Presiding Officer has issued
several other rulings modifying the procedural schedule and setting
forth additional case management procedures.\16\
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\13\ Presiding Officer's Ruling Scheduling Prehearing
Teleconference and Establishing Initial Case Management Procedures,
March 18, 2020.
\14\ Notice of Posting of Recording, April 17, 2020.
\15\ Certificate Regarding Discovery, April 16, 2020.
\16\ Presiding Officer's Ruling Establishing Procedural Schedule
and Additional Case Management Procedures, April 16, 2020; Presiding
Officer's Ruling Denying Request for an Indefinite Abeyance and
Granting 30-Day Extension of Procedural Deadlines, April 24, 2020;
Presiding Officer's Ruling Adjusting Procedural Schedule, May 8,
2020.
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II. Motion To Expand Issues
On May 13, 2020, Complainant filed a motion \17\ requesting that
the Commission expand the issues under consideration to include the
following issues related to dog holds under the Seattle District
Animal/Insect Policy (Policy):
---------------------------------------------------------------------------
\17\ Complainant's Motion to Expand Issues, May 13, 2020
(Motion).
---------------------------------------------------------------------------
[1.] Whether the Policy, in blanketly stating that carriers shall
not deliver mail to homes where dogs are kept only behind a screen or
storm door, without consideration for the dog's age, sex, size, breed
composition, sterilization status, degree of training, assistance
animal legal status (protection under state or federal law, such as
Americans with Disabilities Act, Fair Housing Act, or Washington Law
Against Discrimination), animal control complaint history, adverse
designation legal status, ambulatory capability or degree of
incapacitation, weight, and other factors, illegally discriminates
against postal customers without air conditioning or those who simply
wish to enjoy a natural breeze inside their dwelling instead or
artificially cooled air, rendering its continued enforcement violative
of 39 U.S.C. 403(c).
[2.] Whether the presence or supervision by the customer of the dog
while behind the screen or storm door negates the foregoing Policy
proscription, rendering its continued enforcement violative of 39
U.S.C. 403(c).
[3.] Whether a gate or secondary barrier behind the screen or storm
door negates the foregoing Policy proscription, rendering its continued
enforcement violative of 39 U.S.C. 403(c).
[4.] Whether Mr. Ehrlich's carrier, Tonya Voisine, with or without
USPS condonation, has engaged in retaliatory, harassing, and
destructive behavior, which constitutes unreasonable or undue
discrimination against Mr. Ehrlich in the course of delivering and
retrieving his mailpieces in violation of 39 U.S.C. 403(c). Motion at
2.
In support of the Motion, Complainant submitted a declaration
providing statements in support of his assertion that the Policy
unreasonably discriminates against dog owners without air
conditioning.\18\ He also reiterates his concern that the mail carrier
assigned to his route would continue to ``tamper with, deface, and
destroy'' his mail if she is not removed from the route. Third
Declaration at 2. The Postal Service responded to the Motion on May 20,
2020.\19\ The Postal Service urges that the Commission deny the Motion
in its entirety. Opposition at 1. It asserts that expanding the scope
of the proceeding beyond the limited issue of potential discrimination
against the Complainant in the maintenance of a dog hold is contrary to
the intent of Order No. 5455. Id. at 6. It also states that expanding
the scope of issues under consideration is unnecessary because the
Postal Service is taking steps to permanently restore mail delivery to
the front porch mailbox at Complainant's residence. Id.
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\18\ Third Declaration of Randall Ehrlich, May 13, 2020, at 2
(Third Declaration).
\19\ United States Postal Service's Opposition to Complainant's
Motion to Expand Issues, May 20, 2020 (Opposition).
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II. Commission Analysis
The Commission has previously stated that it lacks the jurisdiction
to rule on internal postal personnel issues such as carrier assignments
and disciplinary actions.\20\ The Motion and supporting Third
Declaration seek to reintroduce the Complainant's prayer for removal of
the mail carrier assigned to his route. Given the precedent on the
Commission's lack of jurisdiction, it would be inappropriate to expand
the issues considered to include those over which an appropriate remedy
could not be granted.
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\20\ See Docket No. C2015-2, Order Granting Motion to Dismiss,
July 15, 2015 (Order No. 2585); Docket No. C2019-1, Order Granting
Motion to Dismiss, December 12, 2018, at 11 (Order No. 4924)
(``Complainant requests several remedies related to Postal Service
personnel--including the removal of a letter carrier from her route
as well as initiation of disciplinary actions, including the
termination of several employees. . .[t]hese actions are outside the
Commission's authority to grant relief. Labor and personnel
decisions are the purview of the Postal Service as the postal
operator.'').
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Complainant also seeks to shift the focus of the Complaint away
from a dispute between the Postal Service and himself, and introduce a
referendum on the Postal Service's policy writ large. The Commission
found discrete material issues that it referred to the Presiding
Officer for resolution after careful examination of the Complaint and
responses. Moreover, the Commission notes that the parties are in the
midst of ongoing discovery under the direction and supervision of the
Presiding Officer in an attempt to resolve those discrete issues. The
extensive procedural history of this matter as well as the discovery
already underway suggest that the Commission avoid expanding the scope
of the issues under consideration at this juncture. If Complainant's
allegations of undue discrimination vis a vis similarly situated dog
owners are proven true, then the Commission could grant the relief of
ordering restoration of porch delivery to the Complainant's residence
without the introduction of the additional allegations. Whether the
Complainant does or does not have air conditioning or the structure of
his storm door are not necessary elements in obtaining the relief
sought in his claim.
Finally, the Postal Service alleges in its Opposition that it is
taking steps to restore porch mailbox delivery to Complainant, thereby
rendering his Motion moot. The Commission commends the Postal Service
for taking steps towards resolving the issue but declines to rule on
the mootness claim at this time.
It is ordered:
[[Page 32431]]
1. Complainant's Motion to Expand Issues, filed May 13, 2020, is
denied.
2. The Secretary shall arrange for publication of this Order in the
Federal Register.
By the Commission.
Erica A. Barker,
Secretary.
[FR Doc. 2020-11518 Filed 5-28-20; 8:45 am]
BILLING CODE 7710-FW-P
