The plain language of the agreement explicitly required the agency to
pay Complainant a fixed sum of $750.00 within 45 days of the date the
agreement was signed. No computations or calculations were required by
the agency in complying with the terms of the agreement. The $750.00
payment was not, however, paid to complainant within forty-five days of
the date the agreement was signed. On the contrary, the record reflects
that by memorandum dated October 14, 1998, the Manager of Finance was
ordered to make the payment available to Complainant. Moreover, the
record does not provide sufficient evidence to determine that this delay
was the result of good faith efforts on the agency’s part to comply with
the agreement.
Usually a time frame of anywhere from 45-60 days is set up after the decision is made final, for the agency to make a payment. We now know because of this case, that there is an option to recieve a flat amount decided by the AJ, that does not require computations or calculations.
It is those very computations and calculations that the agency comes up with to reduce the award, to an unworthy amount. Then it ends up in a settlement dispute or even worse a breach of settlement.
If at all possible, have your own computations and calculations to present to the AJ, so they can try and not need the 45-60 day disputed settlement amount.
ref:
Cynthia S. Price v. United States Postal Service
01986794
June 22, 2000
Cynthia S. Price, )
Appellant, )
)
v. ) Appeal No. 01986794
) Agency No. 4-G-700-0064-97
William J. Henderson, )
Postmaster General, )
United States Postal Service, )
Agency. )
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