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Alexander v. United States Postal Service

Ruling that petitioner violated a Last Chance Agreement affirmed because there was substantial evidence that petitioner violated Agreement by disobeying his supervisor's order to stop arguing with a co-worker and return to work; ruling that, in the Agreement, petitioner waived his right to appeal his removal for violation of that Agreement reversed, because the waiver of appeal rights was very limited and did not apply to the instant set of circumstances.

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Appealed from: Merit Systems Protection Board

This case involves two issues: whether the Merit Systems Protection Board (Board) correctly ruled (1) that the petitioner Joseph D. Alexander had disobeyed his supervisor’s order to return to work (thereby violating an agreement that had settled a prior removal action the Postal Service had instituted against him) and (2) that in the settlement agreement Alexander had waived the right to appeal to the Board his removal for violation of that agreement. We affirm the Board’s first ruling, but reverse the second ruling and remand to the Board.

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