The Merit Systems Protection Board appears to have lost patience with the Southeast Area’s handling of a back pay award. The board had ordered the USPS to pay the employee over a year ago, on April 16, 2009. When the employee had not received the payment by July, he filed an enforcement request with the board. The board issued the enforcement order in November. Based on the MSPB order issued this week, the USPS simply ignored the order, since it never notified the board as required, that it had complied.
Despite the clear language of the compliance recommendation, the acknowledgment order, and the appellant’s December 9, 2009 letter, the agency has failed to make a submission to the Board in response to the compliance recommendation. Because of the agency’s failure to make a submission, nothing in the record shows that the agency has provided the appellant with back pay and benefits and interest on back pay as required by the final Board order. Accordingly, the agency is in noncompliance with the final order.
Acting Postal Service Vice President Linda J. Welch is the agency official responsible for compliance in this case.
Given the apparent non-compliance, the board ordered the USPS to comply with the previous orders, and provide proof that it had done so, or it would seek to withhold the salary of the AVP:
As set forth above, the agency has failed to demonstrate compliance with the Board’s final order in this matter. In the July 15, 2009 order acknowledging receipt of the appellant’s petition for enforcement, the administrative judge ordered the agency to submit the name of the official responsible for compliance with the March 12, 2009 order. CF, Tab 2 at 2. The administrative judge repeated that instruction in the November 3, 2009 compliance recommendation. CF, Tab 6 at 6. The agency has failed to identify the official responsible for compliance.
Accordingly, we have determined that Linda J Welch, Acting Vice President, Southeast Area Operations, is the agency official responsible for compliance. If the agency fails to demonstrate compliance, the Board may seek the withholding of the responsible agency official’s pay until the agency demonstrates compliance.
ORDER
The agency is ordered to file evidence and argument demonstrating compliance with the Board’s final order in this case and shall support its assertions of compliance with clear and understandable documentary evidence.
If the agency fails to demonstrate compliance, the responsible agency official may be ordered to appear before the General Counsel of the Merit Systems Protection Board to show cause why the Board should not seek the withholding of her pay pursuant to 5 U.S.C. § 1204(e)(2)(a).
Full decision (pdf file)