Robert D. Dick, Petitioner, v. United States Postal Service, Respondent, 975 F.2d 869 (Fed. Cir. 1992)

The January 15, 1992 order of the Merit Systems Protection Board, No. SF07529110651, denying Robert D. Dick's cross-petition for review, dismissing the United States Postal Service's petition for review, and rendering final the initial decision mitigating the Postal Service's removal to a 90-day suspension, is affirmed. Disparate treatment is not shown by comparing a penalty imposed by an agency with one emanating from a settlement agreement. The decision of whether to settle is a matter particularly within the discretion of the agency conducting the litigation and the agency is not required to give a detailed explanation underlying the conditions of the settlement. See Bergh v. Department of Transp., 794 F.2d 1575, 1577 (Fed. Cir. 1986). The government may settle cases upon whatever terms it deems suitable when it determines that continued litigation is unwise. Id. Hence, the board did not err when it rejected Dick's disparate treatment argument and upheld the 90-day suspension.^*