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Alley v. United States Postal Service

Dismissal of appeal as settled affirmed where employee requested that the Merit Systems Protection Board dismiss the appeal pursuant to a settlement agreement and did not assert that his request to dismiss was involuntary or otherwise invalid.

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Michael J. Alley seeks review of the June 15, 2000, decision of the Merit Systems Protection Board, MSPB Docket No. PH0752990428-I-1, which dismissed his appeal as settled. We affirm.

Alley was a custodial laborer for the United States Postal Service’s Lehigh Valley Processing and Distribution Center in Pennsylvania. He entered into a Last Chance Settlement Agreement (LCSA) in which a pending removal action was dropped in return for his agreement to have no more than three unscheduled absences during any six month period as well as no absences without official leave. He also agreed to waive the right to appeal in any forum, including the Merit Systems Protection Board. Within three months of the LCSA, he was late for work four times and had four full days of unscheduled absences. The Postal Service removed him effective September 4, 1999.

Alley filed an appeal with the board. Because he had waived his right to appeal for violating the LCSA, the administrative judge issued a show cause order. On November 12, 1999, he asked the board to withdraw his appeal pursuant to a second settlement agreement with the Postal Service. The administrative judge found his request for cancellation of his appeal voluntary, and dismissed the appeal. He subsequently filed a petition for review to the full board, which was denied, and filed a timely petition for review in this court.

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