OPINION OF THE BOARD ON MOTION TO DISMISS

Respondent, United States Postal Service, filed a motion to dismiss this appeal, contending that in the course of Board-assisted mediation the dispute giving rise to the appeal was settled. Appellant, R & W Transportation Corp., opposed the motion. By Opinion dated August 9, 2002, the Board denied the motion, finding that Respondent had not supported its claim that a document prepared in the course of mediation settled the dispute underlying this appeal. On the same date, the Board received an additional filing from Respondent together with supporting documents. Thereafter, Respondent renewed its motion to dismiss, and Appellant was provided an opportunity to respond. Appellant filed a reply to the motion and its own supporting documents.[1]

There is a direct conflict between the parties’ supporting documents regarding whether a settlement was reached in the mediation. Therefore, without additional evidence, the Board cannot conclude that the disputes underlying this appeal have been settled. See D’s Nationwide Industrial Services, Inc., PSBCA No. 3071, 93-1 BCA ¶ 25,454.

Accordingly, Respondent’s renewed motion to dismiss is denied.

Norman D. Menegat

Administrative Judge

Board Member

I concur:

James A. Cohen

Administrative Judge

Chairman

I concur:

Jon N. Kulish

Administrative Judge

Board Member

[1] Appellant also raised a number of objections to the Board’s consideration of Respondent’s supporting documents, but in view of our decision in Appellant’s favor on the motion, we need not address those objections.