Thanks Kimmmiek, and all that wanted to be part of this case. Thanks PEA for your information as well as the sarcasm. It was a great ride, and now I have to take care of another case. Whew!

Great news everyone, the law office for the service had called yesterday and wanted to settle without the hearing. They stated the stettlement is on my terms and they just do not want to deal with it anymore. I will definitely keep everyone informed and will attach the settlement in my upcoming post. What a great way to kick off the memorial weekend! Godspeed

PEA, good points there in 1232. Staats, I hope is overlooked by the agency and will not be brought up. Remembering that there are thousands of cases with language that is useful or not, it would be impossible to look up all the cases and to cite them. I do agree the fact the apellant did not have to sign the documentation, but ultimately the employee would have been fired. Fired would have been a greater case, but that is not what the issue is. I do think that the Weingarten rights will hold some water, as the apellant was denied all forms of representation. The two EEO settlements that even has the binding language of putting the appellant in a permanent modified job offer, should hold weight as well. The fact this had happened and the employee was promised something they did not get is what I am focusing on. He was promised 6hrs of OWCP, when we all know they cannot do that and was never compensated for the hours. After five months have passed and burning all forms of earned leave, the appellant never came back. The agency then dropped him from the rolls without even offering retirement options. The appellant then filed for SS and was given that income and has been living on that since. Would the Tally case be beneficial to mention? I think so, but only using this case as a reference, I would need more ample solutions to overcome this monstrosity of a case. Citing only a few reference cases might not be overlooked by the AJ, but I just need to grab that attention from the AJ and hold onto it as long as I can. I am going to start my arguments of going down the line of the statement of facts involved, but also will also ask teh question as to why this process had stopped all of a sudden. Not bashing stewards as I was one many eons ago, but when it comes to OWCP, many are ill versed on the realm of the mass amount of loopholes to know. On tangent, Sandy can I add your name to the list of witnesses or would this be a conflict with your class action? If added I will try to e-mail you again and go from there. In the interim folks, I think the next wave of this rural Po's will sort of be like another round of RIF. I will keep you guys/gals posted as D-day is coming near for this M.S.P.B. case in June. Godspeed------------

Vet.. They stated in a letter that phase of the program was done.. However I believe it was because of the enormity of the McConnell Class Action. Also, You all must understand, Even though there is many in this class .. the USPS has since rehired and has given damages to the NRP'd employees already in many areas of the country.

 I was told by my union reps that in my district most all have returned to gainful employment.Does the USPS consider what it did to an entire class of people discriminatory, possibly. So the numbers have changed significantly.

 Also there is a new game being played with this as many are now being given job offers they do not qualify for and being stripped of both OWCP PR and are being placed on AWOL to a point where a constructive termination can take place.

When I was subsumed by the judge there was language placed in my claim that stated once moved forward and settlement is detailed I can then file for all my damages and if I have to opt out to receive proper relief I shall.

kk