Joseph D. Alexander v. United States Postal Service

FRIEDMAN, Senior Circuit Judge.

This case involves two issues: whether the Merit Systems Protection Board (Board) correctly ruled (1) that the petitioner Joseph D. Alexander had disobeyed his supervisor’s order to return to work (thereby violating an agreement that had settled a prior removal action the Postal Service had instituted against him) and (2) that in the settlement agreement Alexander had waived the right to appeal to the Board his removal for violation of that agreement. We affirm the Board’s first ruling, but reverse the second ruling and remand to the Board.

I

On September 29,…