The appeals court vacated the Board’s earlier decision and remanded for entry of a decree of specific performance and an order of back pay and other relief.
An order of specific performance should “be so drawn as best to effectuate the purposes for which the contract was made and on such terms as justice requires,” the decision said.
It called on the MSPB to order the USPS to vacate any and all of the former employee’s prior removals, proposed removal letters and forms and expunge them from the records, as well as issue a new letter of decision removing him as of the date of new letters and forms indicating medical inability to perform as the reason for removal.
The appeals court told the Board to further order the service to provide the three documents called for and said the new documents should reference only the date of the removal entered pursuant to the order of specific performance, and not any earlier removals. Further, the court called on the agency to award the former employee back pay and any other relief he may be due, not to exceed the amount of disability payments he would have received in the relevant time period had the USPS complied with the settlement agreement.
