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United States Department of Labor Employees Compensation Appeals Board JAMES J. ELAURA, Appellant and U.S. POSTAL SERVICE, TAMARAC BRANCH, Fort Lauderdale, FL, Employer)))))))) Appearances: James

S. Postal Service, Fort Lauderdale, Florida, provide a copy of the Final Decision and Order of the Agency's Administrative Law Judge (AKA Judge) on the subject of the validity of the Final Order of Decision of the Agency's Agency Counsel, U.S. Director of the Administrative Office, dated January 24, 2003, in the Agency's administrative proceeding (the “Postal Service's Administrative Proceeding”). On August 26, 2004, an Agency administrative worker, James J. ELAURA, requested this action be transferred to this Court pursuant to 28 U.S.C. § 1331(b)(1)(D) and (F). Before we consider the Agency's administrative proceeding, however, we shall first examine the facts upon which the administrative proceeding hinges. A. Procedural Background and the Agency's Claim that the Agency Should Have Been Granted an Emergency Motion to Modify or Vacate the Final Decision and Order of the Agency's Administrative Law Judge (“AF DOJ Decision and Order”) Upon information and belief, the facts that lie behind the administrative proceeding are as follows: On December 9, 2002: (a) Postal Service employees of the Miami, Florida (Postal Service)'s San Antonio, Texas (Postal Service)'s and Fort Lauderdale, Florida's Domestic Mail Processing Centers (“DMP”) filed a formal administrative action against the Postal Service challenging, inter alia, the validity of the Agency's January 24, 2003, Final Decision and Order (“Final Order”) issued at the end of the Agency's administrative proceeding; AND (b) in light of that action, the Agency had reasonable grounds to believe that the Agency's Final Decision and Order was void under the Administrative Procedure Act, 5 U.S.C. Sec. 552 (2000), and was therefore improperly issued to the Postal Service. On December 12, 2002, the Agency's DMP Duties Branch issued the Agency's Final Decision and Order (the “AF DOJ Decision”); and on May 14, 2003, the Agency had no opportunity to challenge the AF DOJ Decision, or its purported invalidity. THE POSTAL SERVICE CITIZENS' RIGHT TO ADMIRALTY AND REMUNERATION ON AN INDIVIDUAL BASIS WAS RETAINED IN THE AF DOJ Decision.

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