Masood v. Department of Commerce
Opinion of the Court
Khalid Masood petitions for review of the final decision of the Merit Systems Protection Board (“Board”) dismissing his appeal as settled. Masood v. Dep’t of Commerce, 86 M.S.P.R. 336 (2000) (final order). The November 2, 1999 initial decision of the administrative judge (“AJ”) became the final decision of the Board on June 9, 2000, when the Board denied Mr. Masood’s petition for review for failure to meet the criteria for review set forth in 5 C.F.R. § 1201.115(d). We affirm.
DISCUSSION
I
On June 1,1999, Mr. Masood appealed a decision by the Department of Commerce (“agency”) removing him from his GS-12 Patent Examiner position at the agency’s Patent and Trademark Office in Arlington, Virginia, effective May 28, 1999. A settlement conference was held on September 13, 1999, at which Mr. Masood was represented by counsel. Following the conference, the AJ filed a settlement conference summary indicating that “the parties reached a settlement that provided for withdrawal of [Mr. Masood’s] appeal.” Eight days later, however, Mr. Masood and his counsel informed the AJ by telephone that Mr. Masood would not settle his appeal under the terms of the September 13 agreement.
A hearing on the merits was held on October 8, 1999. On October 29, 1999, the AJ entered a settlement summary indicating that the parties had reached a settlement. Based on this settlement, the AJ issued his decision, dismissing Mr. Masood’s appeal. Masood v. Dep’t of Commerce, No. DC-0752-99-0567-1-1 (Nov. 2, 1999) (initial decision). The AJ concluded that “the appellant and the agency reached a settlement, that both parties understood its terms, and that they agreed it was to be entered into the record in order to be enforceable by the Board.” Id., slip op. at 2. The AJ further determined that the “settlement agreement was lawful on its face, and that it was freely entered into by both parties.” Id. The AJ found that Mr. Masood had withdrawn his appeal as part of the settlement agreement with the agency; he therefore dismissed the appeal. Id. As noted, the AJ’s initial decision dismissing the appeal became the final decision of the Board on June 9, 2000 when Mr. Masood’s petition for review was unsuccessful. This appeal followed.
II
Our scope of review in an appeal from a decision of the Board is limited. Specifically, we must affirm the Board’s decision unless we find it to be arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; obtained without procedures required by law, rule, or regulation having been followed; or unsupported by substantial evidence. 5 U.S.C. § 7703; Hayes v. Dep’t of the Navy, 727 F.2d 1535, 1537 (Fed.Cir. 1984). A petitioner has the “heavy burden” of establishing the invalidity of a settlement agreement. Asberry v. United States Postal Serv., 692 F.2d 1378, 1380 (Fed.Cir. 1982).
Mr. Masood argues that the Board should have set aside the settlement agreement because of the AJ’s conduct. Mr. Masood asserts that the AJ coerced him to enter into the settlement agreement. In that regard, he complains that the AJ told him, during the last settlement conference after the hearing on the merits, that the AJ was going to rule against him. Because we see no impropriety in the AJ’s conduct, we affirm the Board’s decision.
Mr. Masood also appears to argue the merits of the agency’s removal and to contend that he was the object of retaliation on the part of the agency. However, Mr. Masood cannot now challenge the agency actions that were the subject of his now-settled appeal. See Asberry, 692 F.2d at 1380. Since we uphold the Board’s determination that the settlement agreement was valid, any and all questions regarding the merits of the agency’s action against Mr. Masood are moot.
For the foregoing reasons, we conclude that the Board did not err in holding that Mr. Masood failed to prove the invalidity of the settlement agreement that led to the dismissal of his appeal. We therefore affirm.
Each party shall bear its own costs.
Reference
- Full Case Name
- Khalid MASOOD v. DEPARTMENT OF COMMERCE
- Status
- Published