Raymond H. Smith, Petitioner, v. United States Postal Service, Respondent, 862 F.2d 321 (Fed. Cir. 1988)

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US Court of Appeals for the Federal Circuit - 862 F.2d 321 (Fed. Cir. 1988) Oct. 14, 1988

Before MAYER, Circuit Judge, NICHOLS, Senior Circuit Judge, and MICHEL, Circuit Judge.

PER CURIAM.


DECISION

The decision of the Merit Systems Protection Board, Docket No. CH07528710502, which became final March 15, 1988, dismissing as withdrawn, pursuant to settlement, Raymond H. Smith's appeal of his removal by the United States Postal Service is affirmed.

OPINION

The answers to three questions determine whether Smith's actions on September 28, 1987, prevent his appeal from ever receiving further consideration. First, was the settlement agreement unlawful because Smith gave up his appeal rights in exchange for the possibility of rehire? Second, did he freely sign the settlement agreement? Third, did he knowingly enter into the settlement agreement?

We agree with the board's determination that the settlement agreement is lawful on its face. There is no indication from the record either that Smith's consent to settle his case or his decision to forego further appeals was obtained by fraud, coercion or duress. Moreover, we note that Smith was represented by counsel and both he and his counsel signed the settlement agreement.