March 16, 2006
Appeals of
TODD'S LETTER CARRIERS
PSBCA Nos. 4904-4920, 5002 and 5003
Under Contract No. HCR 640L2
APPEARANCE
FOR APPELLANT:
Todd Snyder
APPEARANCE
FOR RESPONDENT:
OPINION OF THE BOARD ON MOTION FOR RECONSIDERATION
Appellant, Todd's Letter Carriers, has filed a motion for reconsideration of the Board's November 3, 2005 Opinion holding that Appellant's anticipatory repudiation of its mail transportation contracts warranted their termination, granting the recovery by Respondent, United States Postal Service, of erroneous payments made to Appellant, and denying in part and granting in part Appellant's appeal of related excess cost assessments. Todd's Letter Carriers, PSBCA Nos. 4904-20, 5002 and 5003, 05-2 BCA ¶ 33,121. Respondent opposes the motion.
In its motion, Appellant
states that it does not believe its actions constituted anticipatory
repudiation, that certain unspecified findings of fact were either incorrect or
misunderstood, that "'Erroneous Payments' received were incorrect"
and that Respondent failed to demonstrate by a preponderance of the evidence
that the default terminations were justified.
Appellant makes no reference to the record and presents no further explanation
or support for its statements. Thus,
Appellant's motion fails to "set forth specifically the ground or grounds
relied upon to sustain the motion" as required by the Board's rules. See 39 C.F.R. § 955.30. As Appellant has failed
to identify any factual or legal errors or any newly discovered evidence
that would warrant changing the decision, there is no basis for a request for reconsideration. See Lynn Susan Mancini, PSBCA No. 4129, 00-2 BCA ¶ 31,078; Gary W. Noble, PSBCA
No. 4094, 00-1 BCA ¶ 30,602; Patricia
J. Stevens, PSBCA No. 3272, 94-2 BCA ¶ 26,951; Montgomery-Ross-Fisher, PSBCA No. 1096, 84-3 BCA
¶ 17,607.
Accordingly, the motion for reconsideration is denied, and the
Board's Opinion is affirmed.
David I. Brochstein
Administrative
Judge
Acting Chairman
I concur:
Norman D. Menegat
Administrative
Judge
Board Member