President Obama announced today his intent to nominate the following individuals:

Paul Steven Miller, Nominee for Governor, Board of Governors of the United States Postal Service

Paul Steven Miller is the Henry M. Jackson Professor of Law at the University of Washington School of Law who is an expert in workplace and employment law. He has spent his career moving between academia, public service, and law practice. Most recently, Professor Miller spent the first nine months of the Obama Administration as a Special Assistant to the President in The White House. Prior to joining the University of Washington faculty in 2004, Professor Miller had been one of the longest serving commissioners of the U.S. Equal Employment Opportunity Commission (EEOC), the federal agency which enforces employment discrimination laws. He has also served in The White House as Liaison to the Disability Community and as Deputy Director of the U.S. Office of Consumer Affairs during the Clinton Administration. Earlier in his career, Professor Miller was the Director of Litigation for the Western Law Center for Disability Rights and a lawyer at the Los Angeles law firm of Manatt Phelps and Phillips. He is a graduate of the University of Pennsylvania, cum laude, and the Harvard Law School.

Dennis J. Toner, Nominee for Governor, Board of Governors of the United States Postal Service

Dennis J. Toner has directed policy, public and political affairs for over 30 years for then-Senator and now-Vice President Biden. He most recently served as Finance Director for Biden for President and Citizens for Biden. He spent the 30 years prior to that working for then-Senator Biden in his Senate office. He last held the position of Deputy Chief of Staff for the Senator from 1995 to 2005. He has also previously launched his own business, Horizon Advisors, which provides guidance and advice to private clients and non-profit organizations. He received his B.A. from the University of Delaware.

The following is a summary of the decision- click here to read the entire document.

Appellant: Gary Donnell Rhett
Agency: United States Postal Service
Decision Number: 2010 MSPB 21
Docket Number: AT-0752-09-0408-I-1; AT-0752-09-0484-I-1
Issuance Date: January 27, 2010
Appeal Type: Adverse Action by Agency
Action Type: Removal

The appellant petitioned for review of two initial decisions that dismissed his appeals for lack of adverse action jurisdiction. Effective September 5, 2008, the agency removed the appellant from his position based on alleged attendance-related misconduct. While a grievance of that action was pending, the parties entered into a last‑chance settlement agreement (LCSA), under which the appellant returned to work. The LCSA also provided that the appellant could be removed for any attendance-related misconduct for a period of 18 months, and that he waived his right to appeal to the Board for any action taken for such misconduct. During the 18-month period, the agency removed the appellant from his position for his alleged breach of the LCSA. The appellant filed appeals of both removal actions. As to the first removal, the administrative judge considered and rejected the appellant’s arguments that the LCSA was invalid, and found that the appellant could not appeal this removal because he had settled it without expressly reserving his right to file a Board appeal of the action. As to the second removal, the administrative judge again found that the LCSA was valid and enforceable, that the appellant breached the agreement when he was absent from work on 5 occasions, and that the appellant could not appeal the second removal because he had waived his appeal rights in the LCSA.

Holdings: The Board denied the appellant’s PFR, reopened the appeals on its own motion, and affirmed the initial decisions as modified, still dismissing both appeals for lack of adverse action jurisdiction. In agreeing with the administrative judge’s conclusion that the last‑chance settlement agreement was valid, the Board noted that the agency had failed to inform the appellant in connection with the first removal action that, as a preference-eligible employee, he had the right to appeal his removal to the Board. The record showed, however, that the appellant knew or should have known that may have had Board appeal rights at the time he entered into the agreement.

Netflix announced this week that the company added 1.1 million subscribers in the fourth quarter of 2009, the best quarterly growth in the company’s history. The company also noted that almost one half of its subscribers have used its streaming option to view movies and TV shows on computers, game consoles, and other internet-connected devices, without the need for mailing a DVD. Netflix sees streaming as its best long term growth market, and CEO Reed Hastings pointed out in a conference call with investors, “… most of our advertising purchasing has moved to be streaming-centric, our default home page is now our instant watching home page, and our PR is increasingly focused on instant watching.”

Despite the emphasis on streaming, Hastings said the company sees more room for growth in the mailed DVD segment of its market:

Our year-over year disc shipments continue to grow steadily, and we think we’ll be mailing discs as part of our service for another 20 years… This year, for the first time in recent memory, we don’t expect a postal rate increase. Despite that, we’ll spend about $600 million on postage this year shipping DVD and Blu-ray movies to our subscribers. Given the rate of video store closures, we think our shipments will continue to grow and that our annual postage will grow to over $800 million in a few years.

In answer to an analyst’s question, Hastings said that the company was satisfied with the performance of its “hybrid” mail/streaming product, and has no plans to introduce a streaming only option.

No final decisions have been made

WASHINGTON, Jan. 29 — The U.S. Postal Service today filed an update with the Postal Regulatory Commission (PRC) indicating that 162 offices remain under review for possible consolidation under the station and branch consolidation initiative. That is six fewer from the last update in December. No final decisions have been made regarding specific office consolidations.

Today’s filing with the PRC updates a review process begun last summer that initially examined about 3,300 stations and branches in urban and suburban areas, focusing on facilities in relatively close proximity to one another where consolidations might be feasible without compromising customer access.

“Consumer behavior is changing. It is important for the Postal Service to adjust to the shift,” says Dean Granholm, vice president of Delivery and Post Office Operations. “We will continue to provide easy access, but changes to our retail network are essential to our ability to continue to provide the safe secure and fairly priced postal services that Americans have counted on for 234 years.”

With more than 36,000 Post Offices, stations, branches, contract and community post offices, the Postal Service has the largest retail network in the United States. Always on the lookout for convenience, though, many Postal Service customers are choosing to access postal services and purchase stamps via alternative access — locations other than a Post Office.

More than 56,000 locations such as supermarkets, drug stores, and other retailers sell postage and selected postal services. Nearly 18,000 ATMs dispense sheets of stamps. It is the online alternative at usps.com, where you can get shipping information, purchase and print postage 24/7, that customers find most convenient. In 2009, nearly 30 percent of postal retail transactions were conducted in locations other than a Post Office.

The Postal Service receives no tax subsidy to operate the nation’s mail service. Revenues from the sale of postage, products and services fund its operations. Last year, the Postal Service reported a loss of $3.8 billion. A number of new initiatives have also been undertaken to build revenue, including Flat Rate Priority Mail pricing and the introduction of greeting cards for sale at about 900 select Post Offices.

As part of the consolidation process, the Postal Service has filed periodic updates with the Postal Regulatory Commission identifying the retail stations and branches that remain under consideration. Today’s filing does not represent a final decision on consolidation. No facility-specific final decisions have been made as a result of this initiative.

Click here for the list

Chicago— It wasn’t just holiday cards and catalogs filling your mailbox last month. Mintel Comperemedia, a service that provides direct marketing competitive intelligence, reports that in Q4 2009—for the first time in three years—credit card direct mail volume increased from the previous quarter.

With a 47% increase in direct mail compared to Q3 2009, credit card issuers demonstrate increased confidence in the economy and willingness to extend more consumer credit. However, last year’s direct mail volume still pales in comparison with recent years. Mintel Comperemedia reports that the total number of credit card offers sent in 2009 falls 66% behind the number sent in 2008. Pre-recession (2004-2007), card mailings topped seven billion annually; last year, they didn’t even reach two billion.

“Credit card direct mail volume leveled out mid-last year and finally, in the last quarter of 2009, we saw the long-awaited increase in card offers for consumers. More direct marketing is an excellent sign for the economy, because it shows issuers gaining confidence and taking a more positive outlook towards gaining new cardholders and reducing delinquencies,” states Andrew Davidson, SVP of Mintel Comperemedia.

Next month is significant for credit card companies, as another wave of CARD Act regulations take hold on February 22. In anticipation of tighter restrictions on credit practices, many companies are trying to rebalance their portfolios. “In this post-recessionary environment, card issuers need to offset potential lost revenue from CARD Act regulations. We see more cards being promoted with annual fees and high purchase APRs,” comments Andrew Davidson.

According to Mintel Comperemedia, more than a third of credit card offers sent in 2009 (36%) featured an annual fee, compared to just one in five (20%) in 2008. Purchase rates are also on the rise, despite the steadily low Prime rate. On variable rate card offers sent during Q4 2009, the mean go-to APR for purchases was 13.95%, an increase from the average of 11.80% observed during Q4 2008.

Many top credit card issuers increased direct mail volume during Q4 2009, but the biggest bumps compared to the same period of 2008 came from Chase (up 87%) and U.S. Bank (up 64%).

Because a viable postal sector is critical to any nation’s economic stability, Chief Postal Inspector William R. Gilligan, Jr. is sending U.S. Postal Inspectors to Haiti to conduct security assessments and help prepare for the restoration of mail service to the earthquake-ravaged country.

“Members of the Universal Postal Union all are playing a role in rebuilding the Haitian Postal System,” says Chief Gilligan, who also serves as chairman of the Universal Postal Union’s Postal Security Action Group. “It is tremendous to see the world community come together and respond to the crisis in Haiti. We are proud to stand with our domestic and international partners to do our part to help rebuild the Haitian Postal System.”

To support recovery efforts and help address the immediate needs of the Haitian people, the U.S. Postal Service already has shipped 17 pallets of water and is currently securing much-needed medical supplies. Additionally, the Postal Service has prepared two large trucks, generators, mail-sorting cases, and mobile post offices for deployment to Haiti, with additional equipment to be identified and shipped following the Postal Inspectors’ on-the-ground assessments in Haiti.

Postal Inspectors know very well what it is like to assist in disaster recovery and provide security for postal operations as communities rebuild. Each year Postal Inspectors help the U.S. Postal Service restore operations after hurricanes, wildfires, tornados, and other natural disasters that wreak havoc in various parts of the United States.

The experienced team of Postal Inspectors slated to aid in the Haitian Postal System recovery have sharpened their skills in the aftermath of such large-scale disasters as Hurricane Katrina, one of the five deadliest hurricanes in the history of the United States

The Inspection Service initiative to help re-establish postal services in Haiti requires close coordination with other key federal agencies and organizations, including the Department of State, the U.S. Agency for International Development, and various components of the Department of Defense.

“These coordinated efforts will spur the Haitian economy and help restore the Haitian Postal System’s ability to deliver care packages and medications to those in need and get messages of hope and inspiration to the Haitian people in a desperate time,” says Chief Gilligan.

A meeting and opportunity for discussion of electric postal delivery vehicle initiatives will be held on Wednesday, January 27, 2010, from 3-4 pm at the Washington DC Convention Center, in Room 203A, as part of the Electric Drive Transportation Association (EDTA) Conference.

This will be immediately following a Panel discussion at the Electric Drive Transportation Association (EDTA) entitled Electric Does It (Part One) – Electric Drive at Work and Off-Road, just across the hallway. PRC Chairman Ruth Goldway will be one of the panelists.

Powering the Next Era of Transportation

An editorial in the Lima OH News criticizes the US Postal Service for going ahead with improvements to its Lima Processing and Distribution Center, despite the fact that the USPS plans to close the facility.

We’d like to tell you we’re kidding, but it’s true. The Postal Service, which is studying shutting the Lima distribution and processing center, is actually now building a ramp at the Hanthorn Road building.

This would be the same distribution and procession center that Western Ohio District Manager Chu Falling Star wants to close to save $1.3 million by shifting its work to Toledo. So it only makes sense — if you work for the government — to do building improvements first. Don’t get your hopes up about the meaning of the work. TV station WLIO on Friday quoted a postal official as saying the work was scheduled, so with the uncertainty of the Lima center’s future, it went ahead.

The editorial concludes:

Regardless of whether you agree with… the Postal Service’s decision to close the Lima facility, you understand the need to save money. But, someone at these inefficient bureaucracies should figure out what a slap in the face it is to see money go into improving a facility for the sake of sitting empty.

It suggests the people trying to save money have no idea what they’re doing.

From the USPS:

PARK CITY, Utah — The U.S. Postal Service today commemorates the Vancouver 2010 Olympic Winter Games with the issuance of a stamp featuring an illustration of a snowboarder. The stamp goes on sale today in Park City, UT, and in Post Offices across the United States. The XXI Olympic Winter Games will be held Feb. 12-28, 2010, in Vancouver, BC, Canada.

First-day-of-issue ceremonies for the Vancouver 2010 Olympic Winter Games Stamp immediately follow the Sprint U.S. Snowboarding Grand Prix at Park City Mountain Resort, Park City, UT. Alan C. Kessler, member, Board of Governors of the U.S. Postal Service, and Dick Coe, Executive Vice President and chief operating officer, U.S. Ski and Snowboard Association, are the dedicating officials.

“We are proud to support the Olympics and are pleased to be able to continue the tradition of honoring the Games by issuing postage stamps celebrating different Olympic sports,” says Gov. Kessler.

Illustrator Steve McCracken captures the thrill of Olympic sports in his portrayal of an airborne snowboarder against the backdrop of a snow-capped mountain.

Stamps featuring Olympic themes have been popular since the first modern Olympiad in 1896, when Greece issued 12 Olympic-themed commemorative stamps. Beginning in 1932, when the Olympic Games were held in Los Angeles, CA, numerous U.S. stamps have honored the Games.

About the Vancouver 2010 Olympic Winter Games

This will be the second Olympic Winter Games, after the 1988 Games in Calgary, to be held in Canada, but the country’s historic ties to the event go back much further. Canada helped usher in the first Olympic Winter Games — at the Alpine resort of Chamonix, France, in 1924 — by joining with Central Europe to persuade the International Olympic Committee to add an “International Winter Sports Week” to the Games planned for that year.

For the Games in Vancouver, the Olympic torch relay is expected to be the longest to take place in a single country. Thousands of Canadians will participate in carrying the torch from Victoria, BC, through every province and territory of the country. After reaching St. John’s, NL, in the east, the torch will then make its journey back to British Columbia.

More than 80 countries will participate and some 5,000 athletes and officials will be involved in the XXI Olympic Winter Games. At least a million people are expected to travel to Vancouver, a beautiful city surrounded by water on three sides with a view of nearby mountains. The main venue for skiing will be the resort village of Whistler, north of Vancouver.

The number of sports designated for Olympic Winter Games has grown over the years. In addition to those included since 1924 — figure skating, ice hockey, cross-country skiing, bobsled, Nordic combined, ski jumping, and speed skating — athletes today compete in Alpine skiing, biathlon, luge, and curling, as well as in the newer disciplines of snowboarding, freestyle skiing, and short-track speed skating. After making their Olympic debut in Torino, Italy, in 2006, snowboardcross and the team pursuit speed skating will be officially added to the 2010 program, which will also include the debut of ski cross, a race down a technically challenging course resembling a motocross track.

First-Day-of-Issue Postmark

Customers have 60 days to obtain the first-day-of-issue postmark by mail. New stamps may be purchased at a local Post Office(TM), at The Postal Store® website at www.usps.com/shop, or by calling 800-STAMP-24. They should affix the stamps to envelopes of their choice, address the envelopes (to themselves or others), and place them in a larger envelope addressed to:

Vancouver 2010 Olympic Winter Games Stamp

Main Post Office

2100 Park Avenue

Park City, UT 84068-9998

After applying the first-day-of-issue postmark, the Postal Service will return the envelopes through the mail. There is no charge for the postmark. All orders must be postmarked by March 23, 2010.

First-Day Covers

Stamp Fulfillment Services also offers first day covers for new stamp issues and Postal Service stationery items postmarked with the official first-day-of-issue cancellation. Each item has an individual catalog number and is offered in the quarterly USA Philatelic catalog. Customers may request a free catalog by calling 800-STAMP-24 or writing to:

Information Fulfillment

Dept. 6270

U.S. Postal Service

PO Box 219014

Kansas City, MO 64121-9014

Philatelic Products

Three philatelic products available for this stamp issue:

— 440061, First-Day Cover, 0.82.
— 440091, Ceremony Program, $6.95.
— 440093, First-Day Cover Keepsake, $9.95.

From the USPS:

If you’re looking for a special Valentine’s Day gift for Mom, Dad, or another special person, the Post Office has a great idea! A collectible Ella Fitzgerald CD, Love Letters from Ella, will be available beginning Monday, January 25. This musical collection is being released in conjunction with Concord Music Group to promote the use of mail during the Valentine’s Day season as well as Black History Month and will be available in limited quantities exclusively at select Post Offices across the United States and by mail in the Ft Myers/Cape Coral area. The cost for the CD is $10.99.

On Monday, January 25, a representative of the Postal Service will be at the Page Field Post Office, 2655 N Airport Road, Fort Myers, to sell the special CD from 10 am to 2 pm. It is also available by mail; send a check or money order payable to Postmaster to USPS Customer Relations, 79 Mid Cape Ter, Cape Coral, Fl 33991.

The extra good news is that there is no sales tax or shipping fee to purchase the Ella CD. As an additional service, the Postal Service will mail the CD to the gift recipient in a heart decorated padded envelope with an accompanying “packaged with love” gift tag. The cost of this additional service is $3.75.

First issued in 2007, Love Letters From Ella, is a collection of her most cherished love songs, recorded with some of her favorite collaborators, including Count Basie and his orchestra, Joe Pass and Andr Previn. This special edition boasts a full reproduction of Ella’s commemorative USPS postage stamp, available for the first time anywhere since its original issue in 2007.

The magical 10-track CD, mixed in high-definition audio, includes Ella and Basie swinging “Please Don’t Talk About Me When I’m Gone,” an intimate duet between Joe Pass and Fitzgerald on “The One I Love” and a playful performance of “Our Love is Here to Stay” with pianist Andr Previn. Love Letters From Ella also features the celebrated singer accompanied by The London Symphony Orchestra on a stirring rendition of “Cry Me a River.” The London Symphony Orchestra recorded the accompaniment, arranged by 24-time GRAMMY Award-nominee Jorge Calandrelli, at Abbey Road studios in London.