United States Postal Serv. v. Am. Postal Workers Union, Afl-Cio, 736 F.2d 822 (1st Cir. 1984). · Go Syfert
United States Postal Serv. v. Am. Postal Workers Union, Afl-Cio, 736 F.2d 822 (1st Cir. 1984). Cases Citing This Book View Copy Cite
“any postal position which handles mail is one entrusted with items of importance and value by the public. envelopes containing govern- ment checks or items which are insured disclose to all who see them the valuable items inside.”
87 citation events (12 in the last 25 years) across 28 distinct courts.
Strongest positive: Religious Objections to the Postal Service Oath of Office (olc, 2005-02-02) · Strongest negative: Iowa Electric Light and Power Company v. Local Union 204 of the International Brotherhood of Electrical Workers (Afl- Cio) Grievant Don Schott, Local Union 204 of the International Brotherhood of Electrical Workers v. Iowa Electric Light and Power Company (ca8, 1987-12-14)
Treatment trajectory · 1985 → 2026 · click a year to view as-of
1985 2005 2026
Top citers, strongest first. 37 distinct citers. How cited ↗
discussed Cited "but see" Iowa Electric Light and Power Company v. Local Union 204 of the International Brotherhood of Electrical Workers (Afl- Cio) Grievant Don Schott, Local Union 204 of the International Brotherhood of Electrical Workers v. Iowa Electric Light and Power Company (2×) also: Cited as authority (rule)
8th Cir. · 1987 · signal: but see · confidence high
But see United States Postal Serv. v. American Postal Workers Union, 736 F.2d 822, 825 (1st Cir.1984) (arbitrator's reinstatement of embezzling mailman vacated on public policy grounds, although public health or safety not threatened). 15 Appellant relies on Northwest Airlines v. Airline Pilots Ass'n, 808 F.2d 76 (D.C.Cir.), petition for cert. filed, (U.S. March 26, 1987), in which the court upheld an arbitrator's award reinstating a pilot who admitted to flying a passenger jet while intoxicated.
discussed Cited "but see" Iowa Electric Light & Power Co. v. Local Union 204 of the International Brotherhood of Electrical Workers (2×) also: Cited as authority (rule)
8th Cir. · 1987 · signal: but see · confidence high
But see United States Postal Serv. v. American Postal Workers Union, 736 F.2d 822, 825 (1st Cir.1984) (arbitrator’s reinstatement of embezzling mailman vacated on public policy grounds, although public health or safety not threatened).
discussed Cited "but see" National Rural Letter Carriers' Ass'n v. United States Postal Service (2×) also: Cited "see, e.g."
D.D.C. · 1986 · signal: but see · confidence high
But see United States Postal Service v. American Postal Workers Union, 736 F.2d 822 (1st Cir.1984); Amalgamated Meat Cutters Local Union 540 v. Great Western Food Co., 712 F.2d 122 , reh’g denied, 717 F.2d 1399 (5th Cir.1983).
examined Cited as authority (verbatim quote) Religious Objections to the Postal Service Oath of Office
OLC · 2005 · quote attribution · 1 verbatim quote · confidence high
any postal position which handles mail is one entrusted with items of importance and value by the public. envelopes containing govern- ment checks or items which are insured disclose to all who see them the valuable items inside.
discussed Cited as authority (rule) CAPUTO v. WELLS FARGO ADVISORS
D.N.J. · 2020 · confidence medium
Workers, 834 F.2d 1424 , 1427-30 (8th Cir. 1987) (overruling an award that reinstated an employee who violated a “public safety regulation at a nuclear power plant[.]”); United States Postal Serv. v. American Postal Workers Union, 736 F.2d 822, 826 (1st Cir. 1984) (overturning an award reinstating a postal worker who was discharged for “embezzling” government funds, as his actions “violated” “the public[’s] trust.”); Amalgamated Meat Cutters & Butcher Workmen, Local Union 540 v. Great Western Food Co., 712 F.2d 122, 124-25 (5th Cir. 1983) (vacating an award that reinstated a …
discussed Cited as authority (rule) The City of Aurora v. The Association of Professional Police Officers
Ill. App. Ct. · 2019 · confidence medium
Id. at 308-10 ; see Delta Air Lines, Inc. v. Air Line Pilots Ass’n, International, 861 F.2d 665, 674 (11th Cir. 1988) (termination of pilot who flew commercial airliner while intoxicated; court noted employer’s duty to prevent employee from violating clear legal standards; collective bargaining agreement, as interpreted by arbitrator, violated public policy); Iowa Electric Light & Power Co. v. Local Union 204 of the International Brotherhood of Electrical Workers, 834 F.2d 1424, 1429 (8th Cir. 1987) (nuclear power plant employee who had safety device disconnected so that he could go to lun…
discussed Cited as authority (rule) The Illinois State Toll Highway Authority v. International Brotherhood of Teamsters, Local 700
Ill. App. Ct. · 2016 · confidence medium
AFSCME II, 173 Ill. 2d at 308-10 ; see Delta Air Lines, Inc. v. Air Line Pilots Ass’n, International, 861 F.2d 665, 674 (11th Cir. 1988) (termination of pilot who flew commercial airliner while intoxicated; court noted that employer was under duty to prevent employee from violating standards that law clearly established); Iowa Electric Light & Power Co. v. Local Union 204 of the International Brotherhood of Electrical Workers, 834 F.2d 1424, 1429 (8th Cir. 1987) (nuclear power plant employee who got safety device disconnected so that he could leave area to go to lunch had violated federal re…
discussed Cited as authority (rule) City of Boston v. Boston Police Patrolmen's Ass'n
Mass. Super. Ct. · 2008 · confidence medium
Section 5 sets forth Canons of Ethics because “history and sound judgment indicate that violations of these canons severely undermine the ability of the Department to gain the confidence of both its employees and the public, and also negatively affect its ability to fulfill its essential mission.” Cannon 8 states: “Employees shall conduct their private affairs so as not to reflect unfavorably on the Boston Police Department; or in such a manner as to affect their ability to perform their duties honestly, effectively, fairly, and without impairment.” Therefore, the public policy requiri…
discussed Cited as authority (rule) City of Highland Park v. Teamster Local Union No. 714
Ill. App. Ct. · 2005 · confidence medium
In DuBose , such an implication arose from (1) the extensive and "comprehensive legislative scheme" that served a vital state interest ( DuBose , 173 Ill. 2d at 315 ) and (2) the fact that the misconduct " 'went to the heart of the worker's responsibilities' " ( DuBose , 173 Ill. 2d at 310 , quoting United States Postal Service v. American Postal Workers Union , 736 F.2d 822, 825 (1st Cir. 1984)) and was grossly inconsistent with achieving the aims of the legislative scheme.
discussed Cited as authority (rule) City of Highland Park v. Teamster Local Union No. 714
Ill. App. Ct. · 2005 · confidence medium
In DuBose, such an implication arose from (1) the extensive and “comprehensive legislative scheme” that served a vital state interest (DuBose, 173 Ill. 2d at 315 ) and (2) the fact that the misconduct “ ‘went to the heart of the worker’s responsibilities’ ” (DuBose, 173 Ill. 2d at 310 , quoting United States Postal Service v. American Postal Workers Union, 736 F.2d 822, 825 (1st Cir. 1984)) and was grossly inconsistent with achieving the aims of the legislative scheme.
cited Cited as authority (rule) City of Boston v. Boston Police Patrolmen's Ass'n
Mass. · 2005 · confidence medium
Employees, Council 93, supra at 17, quoting United States Postal Serv. v. American Postal Workers Union, 736 F.2d 822, 823, 825 (1st Cir. 1984).
discussed Cited as authority (rule) State v. New England Health Care Employees Union (2×)
Conn. · 2004 · confidence medium
For example, Howell was not convicted of any crime. 10 Cf. United States Postal Service v. American Postal Workers Union, AFL-CIO, 736 F.2d 822, 823 (1st Cir. 1984) (employee convicted of embezzling postal funds); Board of Education v. Local 566, Council 4, AFSCME, 43 Conn. App. 499, 500 , 683 A.2d 1036 (1996) (employee terminated following federal conviction for embezzling union funds), cert. denied, 239 Conn. 957 , 688 A.2d 327 (1997).
discussed Cited as authority (rule) School District of Beverly v. Geller
Mass. · 2001 · confidence medium
Here, the teacher’s misconduct goes “to the heart of the worker’s responsibilities,” Massachusetts Highway Dep’t, supra at 17, quoting United States Postal Serv. v. American Postal Workers Union, 736 F.2d 822, 823, 825 (1st Cir. 1984).
discussed Cited as authority (rule) City of Lynn v. Thompson
Mass. App. Ct. · 2000 · confidence medium
The jury in that case found that Thompson had used excessive force and awarded the victim punitive damages against Thompson in the amount of $300,000. 10 In circumstances such as these, where the conduct went “to the heart of the worker’s responsibilities,” United States Postal Serv. v. American Postal Workers Union, 736 F.2d 822, 825 (1st Cir. 1984), the city may not bargain away its affirmative duty to prevent harm to others caused by its police.
discussed Cited as authority (rule) School District v. Geller
Mass. App. Ct. · 2000 · confidence medium
Dept., 420 Mass. at 17 , quoting from United States Postal Serv. v. American Postal Workers Union, 736 F.2d 822, 823, 825 (1st Cir. 1984) (employee embezzled money from the post office in violation of statutes specifically forbidding such conduct by postal employees and of the public trust in the post office).
discussed Cited as authority (rule) Exxon Corp. v. Local Union 877, International Brotherhood of Teamsters
D.N.J. · 1997 · confidence medium
Robert Kimball & Assocs., 860 F.2d 683, 686 (6th Cir.1988), cert, denied, 494 U.S. 1030 , 110 S.Ct. 1480 , 108 L.Ed.2d 617 (1990); United States Postal Serv. v. American Postal Workers Union, 736 F.2d 822, 824 (1st Cir.1984)).
discussed Cited as authority (rule) Cleveland Board of Education v. International Brotherhood of Firemen & Oilers Local 701
Ohio Ct. App. · 1997 · confidence medium
Robert Kimball & Assoc., 860 F.2d 683, 686 (6th Cir.1988) (stating test as ‘whether arbitrator’s interpretation of the contract jeopardizes * * * public policy’), cert. denied, 494 U.S. 1030 , 110 S.Ct. 1480 , 108 L.Ed.2d 617 (1990); United States Postal Serv. v. American Postal Workers Union, 736 F.2d 822, 824 (1st Cir.1984) (rejecting test that arbitrator’s award must violate positive law).” Id. at 362-363.
discussed Cited as authority (rule) Massachusetts Highway Department v. American Federation of State, Council 93
Mass. · 1995 · confidence medium
Arbitration awards reinstating discharged employees are thus not upheld if the public policy relates to the worker’s employment and the “offense [goes] to the heart of the worker’s responsibilities.” United States Postal Serv. v. American Postal Workers Union, 736 F.2d 822, 823, 825 (1st Cir. 1984) (employee embezzled money from the post office in violation of statutes specifically forbidding such conduct by postal employees and the public trust in the post office).
discussed Cited as authority (rule) Gulf Coast Industrial Workers Union v. Exxon Company, U.S.A.
5th Cir. · 1993 · confidence medium
Gorman, Labor Law-Unionization and Collective Bargaining 597 (1982) (stating that an award may be vacated when it, "although not requiring illegal conduct, is said to be inconsistent with some significant public policy"); see also, e.g., Grasselli, 790 F.2d at 616 ; Iowa Elec., 834 F.2d at 1427-28 n. 3; U.S. Postal Ser. v. American Postal Workers Union, 736 F.2d 822, 824 (1st Cir.1984).
discussed Cited as authority (rule) Gulf Coast Indus. Workers Union v. Exxon Co., U.S.A.
5th Cir. · 1993 · confidence medium
GORMAN, LABOR LAW—UNIONIZATION AND COLLECTIVE BARGAINING 597 (1982) (stating that an award may be vacated when it, "although not requiring illegal conduct, is said to be inconsistent with some significant public policy"); see also, e.g., Grasselli, 790 F.2d at 616 ; Iowa Elec., 834 F.2d at 1427-28 n. 3; U.S. Postal Ser. v. American Postal Workers Union, 736 F.2d 822, 824 (1st Cir.1984).
discussed Cited as authority (rule) Exxon Shipping Company v. Exxon Seamen's Union
3rd Cir. · 1993 · confidence medium
Robert Kimball & Assoc., 860 F.2d 683, 686 (6th Cir.1988) (stating test as “whether arbitrator’s interpretation of the contract jeopardizes ... public policy”), cert. denied, 494 U.S. 1030 , 110 S.Ct. Í480, 108 L.Ed.2d 617 (1990); United States Postal Serv. v. American Postal Workers Union, 736 F.2d 822, 824 (1st Cir.1984) (rejecting test that arbitrator’s award must violate positive law).
discussed Cited as authority (rule) Exxon Shipping Co. v. Exxon Seamen's Union
D.N.J. · 1992 · confidence medium
Workers, Local 84, 707 F.Supp. 531, 533-34 (N.D.Ga.1989), aff'd, 896 F.2d 507 (11th Cir.1990) (vacating reinstatement of power company employee responsible for checking various meters and gauges to ensure that high pressure equipment did not overheat because employee was a chronic drug user); United States Postal Serv. v. American Postal Workers Union, 736 F.2d 822, 826 (1st Cir.1984) (arbitration award requiring reinstatement of employee who was convicted for embezzling postal funds was unenforceable as against public policy); Amalgamated Meat Cutters & Butcher Workmen, Local Union 540 v. Gre…
discussed Cited as authority (rule) United States v. Arrington
N.D. Ill. · 1991 · confidence medium
In the face of all that, it is difficult to perceive any basis on which the government can urge that there is anything to support the notion that the low-level postal employee who is given no special position of trust should be subjected to anything other than the straightforward application of Guideline § 2B1.1, without a two-level increase under Guideline § 3B1.3. 7 Its argument that every postal job is “imbued with the public trust” (citing and quoting from United States Postal Service v. American Postal Workers Union, AFLCIO, 736 F.2d 822, 825 (1st Cir.1984), spoken in another contex…
cited Cited as authority (rule) Diaz v. United States Postal Service
D.P.R. · 1987 · confidence medium
United States Postal Service v. American Postal Workers Union (COTE), 736 F.2d 822, 825 (1st Cir.1984).
discussed Cited as authority (rule) United States Postal Service v. National Ass'n of Letter Carriers (2×) also: Cited "see, e.g."
W.D. Pa. · 1987 · confidence medium
U.S. Postal Service v. American Postal Workers Union, 736 F.2d 822, 825 (1st Cir.1984).
cited Cited as authority (rule) Posadas De Puerto Rico Associates, Inc., D/B/A Condado Plaza Hotel & Casino v. Asociacion De Empleados De Casino De Puerto Rico
1st Cir. · 1987 · confidence medium
Warren Company, supra. U.S. Postal Serv. v. American Postal Workers Union, 736 F.2d 822, 825 (1st Cir.1984); Congreso de Uniones Industriales v. Nat’l.
cited Cited as authority (rule) Guy W. Kissinger v. United States Postal Service
1st Cir. · 1986 · confidence medium
United States Postal Service v. American Postal Workers Union (Cote), 736 F.2d 822, 825 (1st Cir.1984).
discussed Cited as authority (rule) E.I. Dupont De Nemours and Co. v. Grasselli Employees Independent Assoc. Of East Chicago, Inc., Defendant (2×)
7th Cir. · 1986 · confidence medium
See, e.g., Keystone Consolidated, 782 F.2d at 1403-05 (refusal to apply waiver provision of ERISA in interpreting a pension agreement violated public policy behind enactment of ERISA); Misco, Inc. v. United Paperworkers International Union, 768 F.2d 739, 742-43 (5th Cir.1985) (employee who clearly was smoking marijuana won arbitration award because of arbitrator's notion of industrial due process; such an award violated public policy against drugs); United States Postal Service v. American Postal Workers Union, 736 F.2d 822, 825-26 (1st Cir.1984) (employee who clearly embezzled money won arbit…
discussed Cited as authority (rule) Premium Building Products Co. v. United Steelworkers of America
N.D. Ohio · 1985 · confidence medium
Grace & Co. v. Local Union 759, International Union of the United Rubber, Cork, Linoleum & Plastic Workers of America, 461 U.S. at 766 , 103 S.Ct. at 2183 ; United States Postal Service v. American Postal Workers Union, AFL-CIO, 736 F.2d 822, 824-25 (1st Cir.1984); Amalgamated Meat Cutters v. Great Western Food Co., 712 F.2d 122, 124 (5th Cir.1983); Local No. P-1236, Amalgamated Meat Cutters & Butchers Workers of North America, AFL-CIO v. Jones Dairy Farm, 680 F.2d 1142, 1144-45 (7th Cir.1982); World Airways, Inc. v. International Brotherhood of Teamsters, Airline Division, 578 F.2d 800, 802-0…
discussed Cited as authority (rule) Michael Zemonick v. Consolidation Coal Company, a Corporation
4th Cir. · 1985 · confidence medium
But where, as here, the plaintiff “has not been deprived of a judgment obtained before DelCostello came down,” there is little inequity in applying that decision retroactively. 13 Graves, 736 F.2d at 822; accord Estades, 593 F.Supp. at 782.
cited Cited "see" Delta Air Lines, Inc. v. Airline Pilots Ass'n
N.D. Ga. · 1987 · signal: see · confidence high
See United States Postal Service v. American Postal Workers Union, 736 F.2d 822 (1st Cir. 1984), discussed above. 6 .
cited Cited "see" United States Postal Service v. National Ass'n of Letter Carriers, AFL-CIO
D.D.C. · 1986 · signal: see · confidence high
See United States Postal Service v. American Postal Workers Union, 736 F.2d 822 (1st Cir.1984).
discussed Cited "see, e.g." American Federation of State, County & Municipal Employees v. Department of Central Management Services (2×)
Ill. · 1996 · signal: see also · confidence medium
See also United States Postal Service v. American Postal Workers Union, 736 F.2d 822, 825 (1st Cir. 1984) (vacating, on public policy grounds, an award reinstating postal worker convicted of embezzling postal funds because the offense "went to the heart of the worker’s responsibilities,” and because the employee "represented a branch of the federal government and was imbued with the public trust.
discussed Cited "see, e.g." Afl-Cio (Afscme) v. Dept. of Cent. Mgt. (2×)
Ill. · 1996 · signal: see also · confidence medium
See also United States Postal Service v. American Postal Workers Union, 736 F.2d 822, 825 (1st Cir. 1984) (vacating, on public policy grounds, an award reinstating postal worker convicted of embezzling postal funds because the offense "went to the heart of the worker's responsibilities," and because the employee "represented a branch of the federal government and was imbued with the public trust.
discussed Cited "see, e.g." Exxon Shipping Company v. Exxon Seamen's Union
3rd Cir. · 1996 · signal: see also · confidence medium
Ass’n, 790 F.2d 611, 616 (7th Cir.) (quoting Robert A. Gorman, Basic Text on Labor Law 597 (1976)), cert. denied, 479 U.S. 853 , 107 S.Ct. 186 , 93 L.Ed.2d 120 (1986); see also United States Postal Serv. v. American Postal Workers Union, 736 F.2d 822, 824 (1st Cir.1984).
discussed Cited "see, e.g." Exxon Shipping Co. v. Exxon Seaman's Union
3rd Cir. · 1996 · signal: see also · confidence medium
Ass'n, 790 F.2d 611, 616 (7th Cir.)(quoting Robert A. Gorman, Basic Text on Labor Law 597 (1976)), cert. denied, 479 U.S. 853 (1986); see also United States postal Serv. v. American Postal Workers Union, 736 F.2d 822, 824 (1st Cir. 1984).
discussed Cited "see, e.g." United Paperworkers International Union v. Misco, Inc. (2×)
SCOTUS · 1987 · signal: see, e.g. · confidence low
See, e. g., United States Postal Service v. American Postal Workers Union, AFL-CIO, 736 F. 2d 822 (CA1 1984); E.
Retrieving the full opinion text from the archive…
UNITED STATES POSTAL SERVICE, Plaintiff, Appellee,
v.
AMERICAN POSTAL WORKERS UNION, AFL-CIO, Defendant, Appellant
84-1094.
Court of Appeals for the First Circuit.
Jun 19, 1984.
736 F.2d 822
Joel C. Martin, Portland, Me., with whom Susan E. Peck, Arthur M. Luby, Petruccelli, Cohen, Erler & Cox, Portland, Me., and O’Donnell & Schwartz, Washington, D.C., were on brief, for defendant, appellant., Susan R. Klavens, Atty., Office of Labor Law, United States Postal Service, with whom Richard S. Cohen, U.S. Atty., F. Mark Terison, Asst. U.S. Atty., Portland, Me., and D. Richard Froelke, Asst. General Counsel, Washington, D.C., were on brief, for plaintiff, appellee.
Campbell, Breyer, Pettine.
Cited by 57 opinions  |  Published
PETTINE, Senior District Judge.

This case is an appeal of a district court ruling which overturned a labor arbitration award. We affirm the district court.

Donald Cote was a window clerk at the post office in Sanford, Maine. His duties included selling money orders, cashing money orders, and other matters involving the handling of money. An investigation of financial discrepancies at the Sanford post office revealed that $4,325.00 worth of postal money orders had been issued by Cote between November 1981 and January 1982 without prepayment. Cote signed a confession, was indicted, and subsequently pled guilty to a charge of embezzling postal funds in violation of 18 U.S.C. § 500. Cote received a one year suspended sentence and was put on probation for two years, in addition to being ordered to make full restitution to the Postal Service.

During this same period, the Postal Service discharged Cote. His Notice of Removal laid three charges against him, all of which stemmed from his embezzlement activities. As he was a member of a bargaining unit represented by the appellant Union, the Union took the issue of Cote’s discharge to binding arbitration pursuant to the National Agreement between the Postal Service and the Union. A hearing was held before an arbitrator on July 27, 1982, to determine whether the Postal Service had “just cause” to fire Cote.

One month later, the arbitrator rendered a decision which ordered that Cote be reinstated without back pay. The arbitrator focussed on Cote’s intent in taking the money and found that he did not intend to keep it, but rather to repay it when he could. The arbitrator relied on evidence of past repayments by Cote, Cote’s retention of records of money orders issued, unusual financial pressures on Cote, and Cote’s record of seven years employment without disciplinary problems. Therefore, the arbitrator ruled that

The Postal Service did not have just cause for the removal of Mr. Cote, however, it did have just cause to suspend Mr. Cote without back pay and to transfer Mr. Cote away from a window clerk position to another position where similar action as [that] involved in this case could not take place.

[*824] The Postal Service then filed this action to vacate the arbitrator’s award. The Postal Service challenged the award on two grounds: first, that the arbitrator failed to give proper collateral estoppel effect to Cote’s conviction in that the arbitrator found that Cote intended to repay the money, and, second, that ordering the reinstatement of Cote was contrary to public policy. The parties filed cross-motions for summary judgment, and the matter went before a magistrate.

The magistrate rejected the Postal Service’s first argument. He found that the arbitrator had considered the 18 U.S.C. § 500 conviction but that the broad language of the statute did not mandate permanent intent to keep the funds as an element of the crime. On its second argument, the Postal Service fared better and the magistrate agreed that the reinstatement award violated “an important public policy against embezzlement of Government money.” He therefore recommended that summary judgment be entered in favor of the Postal Service. The district judge accepted the recommendation and entered judgment for the Postal Service. The Union appealed.

The heart of the Union’s argument is that although there may be a public policy against embezzling Postal Service funds, there is no public policy against the Postal Service employing convicted embezzlers. You have to have something more — a direct legal prohibition. And, in support the Union compares the instant case with American Postal Workers Union v. United States Postal Service, 682 F.2d 1280 (9th Cir.1982), cert. denied, 459 U.S. 1200, 103 S.Ct. 1183, 75 L.Ed.2d 431 (1983) (arbitrator’s award reinstating Postal Service employee who had participated in strike vacated because of statute prohibiting employment of individuals who had participated in strikes) and with General Teamsters Local Union 249 v. Consolidated Freightways, 464 F.Supp. 346 (W.D.Pa.1979) (arbitrator’s award upholding employer discharges of truck drivers who refused to drive trucks lacking mud flaps, despite state law requiring mud flaps, vacated because award compelled drivers to violate state law). Although these cases exhibit a particularly precise fit between the facts of the case and the public policy vindicated, an examination of the case law reveals that such a close fit is not required.

In Amalgamated Meat Cutters v. Great Western Food Co., 712 F.2d 122, reh. and reh. en banc denied, id. (5th Cir.1983), a case cited with apparent approval in the Union’s brief, an arbitrator ordered an employer to reinstate a truck driver who had admitted to drinking prior to overturning an eighteen-wheel rig he was driving. The arbitrator stated that he ordered the driver’s reinstatement because his employer had failed to disprove the driver’s assertion that a steering mechanism failure had caused the accident; however, the arbitrator denied the driver back pay because the driver admitted to drinking and paying too much attention to his citizens band radio while driving. The Fifth Circuit vacated the award on the grounds of the public policy against drinking and driving. Id. at 124-25. Although the court cited cases which were directly on point, the opinion makes it clear that the court relied primarily on the general policy against drinking and driving and its special importance when applied to professional drivers. As that court stated in summation,

the public policy of preventing people from drinking and driving is embodied in the case law, the applicable regulations, statutory law, and pure common sense. The policy is “well defined and definite.” W.R. Grace & Co., [461] U.S. [757] at [-], 103 S.Ct. [2177] at 2182 [76 L.Ed.2d 298]. To enforce the arbitrator’s award in this case, an award which compels the reinstatement to driving duties of a truck driver who admittedly drank while on duty, would violate this public policy.

712 F.2d at 125.

Similarly, in Local No. P-1236, Amalgamated Meat Cutters v. Jones Dairy Farm, 680 F.2d 1142 (7th Cir.1982), the public policy was that of processing meat under[*825] sanitary conditions while the subject of the arbitration was an employer’s rule prohibiting employees from directly contacting federal meat inspectors about unsanitary conditions. The Seventh Circuit found that a rule which required employees to report problems first to company officials would not violate the public policy. Id. at 1144. However, since the rule prohibited employees from notifying Department of Agriculture inspectors regardless of the circumstances, the court found the rule “facially defective because it is overly broad ____” Id. at 1145.

The Union also urges that the instant case is comparable to Local 453, International Union of Electrical Workers v. Otis Elevator Co., 314 F.2d 25 (1963). In Local 453, the Second Circuit reversed a district court ruling which had vacated an arbitrator’s award ordering the reinstatement of an employee discharged for gambling on the company’s premises. As in this case, the employee felt the sting of criminal sanctions for his misdeeds. The Second Circuit in Local 453 held that the public policy against gambling at work was sufficiently vindicated through criminal sanctions and a suspension from work, and that public policy did not require discharge. Id. at 29.

Cote’s case, though, is distinguishable. The offense in Local 453 was tangential to the employee’s job as a factory worker — in the instant case, the offense went to the heart of the worker’s responsibilities. As a window clerk, Cote was entrusted with large amounts of money and valuable postal materials. As a postal employee, he represented a branch of the federal government and was imbued with the public trust. His actions directly violated that trust.

As the Postal Service points out, putting a postal employee in a job removed from stamps and money does not remove his chances of violating the public trust. Any postal position which handles mail is one entrusted with items of importance and value by the public. Envelopes containing government checks or items which are insured disclose to all who see them the valuable items inside. If the Postal Service did not have confidence in an employee’s trustworthiness it would be, at a minimum, negligent to not keep close watch on him. Such close supervision as might be prudent could well be too costly to be even remotely efficient.

When a court bars the enforcement of an arbitration award on the basis of public policy, that policy must be clearly defined. Local 453, supra. The policies in this case are not only defined by positive law, but are also the clear dictates of common sense. A postal employee is required to swear that he “will well and faithfully discharge the duties of the office on which [he is] about to enter.” 39 U.S.C. § 1011. Numerous statutes relate to the conduct and honesty of postal employees — among them is 18 U.S.C. § 500, the statute under which Cote was convicted. Moreover, the Postal Service is required by law to be “prompt, reliable, and efficient ____” 39 U.S.C. § 101(a). Finally, as a government monopoly, the public has to use the Postal Service for the carriage of regular letter mail.

Aside from any considerations bearing directly on Cote, we cannot avoid the common sense implications that requiring the rehiring of Cote would have on other postal employees and on the public in general. Other postal employees may feel there is less reason for them to be honest than they believed — the Union could always fix it if they were caught. Moreover, the public trust in the Postal Service, and in the entire federal government, could be diminished by the idea that graft is condoned.

This opinion is not to be taken as authority for the proposition that there is a public policy against the Postal Service employing anyone who has been convicted of a crime. As the Second Circuit noted in Local 453, supra,

in light of the important role which employment plays in implementing the public policy of rehabilitating those convicted of crime, there can hardly be a public policy that a man who has been convict[*826] ed, fined, and subjected to serious disciplinary measures, can never be ordered reinstated to his former employment
314 F.2d at 29.

However, given its important public trust and its mandate of efficiency, it violates public policy to force the Postal Service to reinstate an employee who was recently convicted of directly violating his fiduciary duties through the embezzlement of a large sum of money from it.

Affirmed.