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United States Department of Labor Employees Compensation Appeals Board ANTHONY W. GREEN, Appellant and U.S. POSTAL SERVICE, POST OFFICE, Washington, DC, Employer)))))))) Appearances: Anthony W. Green,

Green filed an original motion to vacate the administrative appeal of his adverse decision that determined that in October 2005, Green breached an obligation owed to Postal Service employees, postal customers, the government and the public. The motion and accompanying exhibits were also filed with this Court pursuant to Fed. R. CIV. P. 6(a)(3) (d) and Fed. R. CIV. P. 21. On March 28, 2005, the Postal Service filed its answer with respect to Green's motion for the immediate vacated of the adverse decision, as was indicated in its response. The Postal Service's motion is DENIED. Because this Court does not have jurisdiction over this appeal, but has jurisdiction over appeal of the Administrative Law Judge's decision denying Green's appeal of that decision, the Court is compelled to hear and decide Green's appeal of the Administrative Law Judge's denial of his request that the Postal Service vacate its adverse decision and award him compensatory damages for his breach of an obligation owed to Postal Service employees, postal customers, the government, and the public. We therefore order: Green's appeal of the Administrative Law Judge's denial of his motion to vacate the adverse decision is denied. The Postal Service shall provide Green's personnel file with the Postal Service's files of all former and current Postal Service employees in whom he had an employment relationship at issue in his appeal. Within twenty (20) days, the Postal Service shall respond to Green's claim of compensatory damages for his breach of an obligation owed to postal customers, postal employees, the government, and the public. The judgment of the Court is reversed and the case is remanded for further proceedings consistent with this opinion. (See Appendix 1.) COUNT III Green's third and final jurisdictional argument is that the United States Postal Service has failed to comply with the Administrative Law Judge's orders requiring it to pay Green retroactive compensation for non-performance of his duty to provide postal services to Postal Service customers. That argument does not merit relief because it was premature and could not have been anticipated when the administrative appeal was filed on January 6, 2005. Thereafter, the Postal Service commenced enforcement proceedings under section 5.4 of the Postal Labor Contract Act (31 U.S.C.A. § 5) requiring the Postal Service to pay Green retroactively his previous monetary compensation and to pay the Postal Service for costs incurred by Postal Service's investigative bureau in enforcing the Postal Service's contractual obligations.

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