2. Distinguish between arrests, indictments, and convictions. This matter of arbitration stems from an indictment of Thomas Allen for one count of arson–

first degree and ten counts of burglary in Quitman County, Mississippi, on March 28, 1999.

In a letter dated March 30, 1999, Billy Como, postmaster, wrote:

This is written notice that you have been removed from employment with the Postal Service. This action is being taken in accordance with Article 16 of the Agreement.

There is reasonable cause to believe you have committed a crime for which a sentence of imprisonment may be imposed.

Specifically, by the indictment dated March 28, 1999, you were indicted in the Superior Court of Quitman County for one count Arson–First Degree and ten counts of Burglary.

These aforementioned charges are so egregious in nature that retaining you in postal employment would not be in the best interest of the Service.

In a letter dated April 9, 1999, Mr. Jesse G. Bolton, attorney for Mr. Allen, wrote to Walter E. Flatten, human resources manager:

I have been asked to assist Mr. Allen in regard to his removal from the Postal Service.

Although there has been an indictment of Mr. Allen by the Superior Court of Quitman County, MS, it is probable that the indictment has overstated the underlying facts and it is also possible that some or all of the charges could be dropped or minimized.