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United States Department of Labor Employees Compensation Appeals Board D.M., Appellant and DEPARTMENT OF THE ARMY, CAMP JEJUNE, NC, Employer)))))))) Appearances Appellant, pro SE Office of the Solicitor,

Appeal received on July 22, 2006. On December 29, 2006, the Office of the Solicitor issued its decision and judgment, which affirmed the Department's final decision and order and remanded for an evidentiary hearing. After considering the appeal, the Office of the Solicitor declined to appeal or participate in the evidentiary hearing and vacated and dismissed the initial decision and order without prejudice. See: Docket No. 14-0520. After a hearing on the record on February 15, 2007, the Office of the Solicitor's Office of the General Counsel filed a notice of appeal on July 30, 2007. The Court set the appeal for November 21, 2007. Appellant was afforded an opportunity to file an (amici) curiae brief on appeal. Appellant also sought to intervene in the evidentiary hearing by filing an amicus brief that included a petition asking for the trial court to appoint one of the Department's trial counsel as a defendant “in person”. The Court declined to do so and issued a written order dismissing that petition without prejudice “unless [Appellant] makes specific, good cause or substantial reason, or the party raising the issue requests an extension of time.” On November 21, 2007, the Court issued a decision and judgment which concluded: [Appellant's] appeal of [his] prior suspension order is dismissed without prejudice absent a good cause or substantial reason, or the party raising the issue requests an extension of time. This is because the Department's conclusion is established beyond a reasonable doubt. Docket No. 14-0520. On appeal, the Department contends that the case is remanded to the trial court and that the trial court should have ordered further review because Appellant violated his plea agreement. The Department argues that the plea agreement provided at “11(b)(1)-(6) provides that a final decision concerning discipline must be made not later than 10 days after the hearing; and that Desert should have followed the procedure outlined in the record. The Department further asserts that the record contains “no evidence that [Appellant's] conduct before the Board did not, in fact, violate the terms of the plea agreement.” (Emphasis added.) Appellant maintains that the plea agreement has expired and that he cannot violate the agreement because he is not under suspension.

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