Wayne Stockley v. Department of the Treasury
Background
- Appellant Wayne Stockley filed an individual right of action appeal before the Merit Systems Protection Board (MSPB) against the Department of the Treasury.
- An initial decision was issued on February 1, 2016; Stockley timely filed a petition for review.
- After the petition for review was filed, the parties executed a written Settlement Agreement (signed July/August 2016) that provides for dismissal of the appeal.
- The Settlement Agreement includes a provision that it will not be entered into the MSPB record for enforcement, and the parties confirmed they understand and agree to that limitation.
- The Board reviewed whether the parties had entered a settlement, understood its terms, and intended Board enforcement; it concluded they had entered a settlement and did not want Board enforcement.
- The Board vacated the initial decision and dismissed the appeal with prejudice as settled.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the parties entered a binding settlement agreement | Stockley agreed the parties executed and understood the settlement and its terms | Treasury agreed the parties executed and understood the settlement and its terms | The Board found a valid settlement was executed and understood by both parties |
| Whether the Board should dismiss the appeal or retain the settlement for Board enforcement | Stockley agreed the settlement should not be placed on the MSPB record for enforcement | Treasury agreed the settlement should not be placed on the MSPB record for enforcement | The Board dismissed the appeal with prejudice, noting the parties did not seek Board enforcement |
| Whether dismissal should be with prejudice to refiling | Stockley accepted dismissal per the settlement terms | Treasury accepted dismissal per the settlement terms | Dismissal with prejudice to refiling was appropriate under the settlement |
Key Cases Cited
- Mahoney v. U.S. Postal Service, 37 M.S.P.R. 146 (1988) (Board standards for dismissing matters as settled)
- Pinat v. Office of Personnel Management, 931 F.2d 1544 (1991) (Federal Circuit will generally not excuse late filings to the court of appeals)