Vaughn v. U.S. Postal Service, 87-3388

• Decision Date: 05 November 1987
• Docket Number: No. 87-3388,87-3388
• Citation: 835 F.2d 870
• Parties: Unpublished Disposition NOTICE: Federal Circuit Local Rule 47.8(b) states that opinions and orders which are designated as not citable as precedent shall not be employed or cited as precedent. This does not preclude assertion of issues of claim preclusion, issue preclusion, judicial estoppel, law of the case or the like based on a decision of the Court rendered in a nonprecedential opinion or order. Donald A. VAUGHN, Petitioner, v. UNITED STATES POSTAL SERVICE, Respondent.
• Court: U.S. Court of Appeals — Federal Circuit

Page 870

835 F.2d 870

Unpublished Disposition

NOTICE: Federal Circuit Local Rule 47.8(b) states that opinions and orders which are designated as not citable as precedent shall not be employed or cited as precedent. This does not preclude assertion of issues of claim preclusion, issue preclusion, judicial estoppel, law of the case or the like based on a decision of the Court rendered in a nonprecedential opinion or order.

Donald A. VAUGHN, Petitioner, v. UNITED STATES POSTAL SERVICE, Respondent.

No. 87-3388.

United States Court of Appeals, Federal Circuit.

Nov. 5, 1987.

Before FRIEDMAN, PAULINE NEWMAN, and ARCHER, Circuit Judges.

PER CURIAM.

DECISION

Donald A. Vaughn petitions for review of the decision of the Merit Systems Protection Board (board), Docket No. SL075286C0202, dismissing his petition for enforcement of a settlement agreement entered into with the United States Postal Service (Postal Service). We vacate and remand.

OPINION

Mr. Vaughn entered into a settlement agreement regarding his removal from the Postal Service. The pertinent portions of that agreement provided:

The January 10, 1986, Removal of [Mr. Vaughn] is acknowledged by the signatory parties to have been for just cause and no back pay will ensue from this settlement.

[Mr. Vaughn] will be re-employed as a non-career casual employee upon successful completion of an inpatient alcohol rehabilitation program approved by the Employee Assistance Program Coordinator. [Mr. Vaughn] will be retained as a casual employee for two (2) consecutive eighty-nine (89) day periods, provided he maintains satisfactory participation in the structured Employee Assistance Program and meets the performance, conduct and attendance requirements of his position in a satisfactory manner.

Upon satisfactory completion of the two eighty-nine (89) day casual appointments, [Mr. Vaughn] will be reinstated to the Motor Vehicle Craft on a Last Chance Basis.

On the basis of this agreement, the board dismissed Mr. Vaughn's appeal of the removal action. Vaughn v. United States Postal Service, MSPB Initial Decision No. SL07528610202 (Mar. 21, 1986).

Although Mr. Vaughn satisfactorily met his obligations under the agreement, the Postal Service did not return him to his former position as a full-time regular employee, but instead "reinstated" him as a part-time flexible employee. Mr. Vaughn filed a petition for enforcement, contending that this action violated the terms of the settlement agreement. The Postal Service maintained that, because the agreement did not specify that Mr. Vaughn would be returned to a full-time regular position but only that he would be "reinstated to the Motor Vehicle Craft," its action did not violate the agreement.

The board has jurisdiction to enforce settlement agreements which have been entered, as here, into the appellate record. 5 C.F.R. Sec. 1201.182 (1987). In this case, the...