X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
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.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Team Accounts

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now

Global Leaders in Consulting (GLC) 2023

February 16, 2023
London

The Global Leaders in Consulting awards are for those who are making a big impression within the industry, but also worldwide.


Learn More

Complex Claims & Litigation Forum 2023

February 27, 2023 - March 01, 2023
Henderson, NV

Aimed to help Insurers prevent, prepare and prevail In adjudicating complex claims, negotiating settlements and winning cases.


Learn More

Women, Influence & Power in Law UK Awards 2023

March 08, 2023
London

Women, Influence & Power in Law UK Awards honors women lawyers who have made a remarkable difference in the legal profession.


Learn More

Attorneys-Solicitor General Division


Attorneys Solicitor General Division: The West Virginia Attorney General's Office is accepting applications for mid- and senior-level po...


Apply Now ›

Commercial Unit Attorney - Procurement Policy 13601


Commercial Unit Attorney - Procurement Policy 13601 Civil Service Title: Agency Attorney Level: Level 3 Division/Office: O...


Apply Now ›

Confidential Investigator, Special Investigations (Level 3) 14464


Confidential Investigator, Special Investigations (Level 3) 14464 Civil Service Title: Confidential Investigator Level: Level 3 ...


Apply Now ›

WEINSTEIN FAMILY LAW

02/06/2023
NJLJ Web

Weinstein Family Law is pleased to announce the promotion of Erika P. Handler to Partner


View Announcement ›

ANSELMI & CARVELLI, LLP

02/06/2023
NJLJ Web

Anselmi & Carvelli, LLP is pleased to announce that Zachary D. Wellbrock has been named Partner of the firm.


View Announcement ›

HENDRICK PHILLIPS SALZMAN & FLATT, PC

02/02/2023
DR Web

Hendrick Phillips Salzman & Siegel, PC is proud to announce J.T. Gallagher as the firm s newest partner.


View Announcement ›