In the Matter of the Petition by

JOHN J. BUCKSHAW, PRINCIPAL
J. J. BUCKSHAW & ASSOCIATES
General Delivery
Bethesda, MD 20814-9999

Appeal of Termination, P.O. Box 194, Media, PA 19063-0194

P. S. Docket No.  POB 02-405  

APPEARANCE FOR PETITIONER:
John J. Buckshaw
J. J. Buckshaw & Associates
P.O. Box 18704
Washington, DC  20036-8704

APPEARANCE FOR RESPONDENT:
Catherine A. Green, Esq.
Corporate Law Section
United States Postal Service
475 L’Enfant Plaza, SW, Room 6112
Washington, DC  20260-1135

POSTAL SERVICE DECISION

            Petitioner, John J. Buckshaw, has filed a Petition to Amend and Modify (Petition) under 39 C.F.R. §958.13, in which he asks that the Judicial Officer enforce a settlement agreement he has proposed which includes the waiver or deferral of post office box rental fees as well as the payment of damages to Petitioner.  Respondent has not filed a reply to the Petition.

Background

            On June 3, 2003, an Administrative Law Judge issued an Initial Decision in which he upheld Petitioner’s right to continue to obtain service at P.O. Box 194, Media, PA 19063-0194.  As no appeal from the Initial Decision was filed within the time allowed, the Initial Decision became the final agency decision of the Postal Service on June 25, 2003.  Petitioner now seeks to have the Judicial Officer order Respondent to waive or defer post office box rental fees and award Petitioner a portion of the tort claim damages he is separately claiming in a proceeding before the General Counsel.

Discussion

            The Judicial Officer has no authority to adjudicate or direct the resolution of tort claims.^[1]  The only issue to be determined in a proceeding before the Judicial Officer under 39 C.F.R. Part 958 is whether the Postal Service properly denied or terminated post office box or caller service to a customer.^[2]  Post office box fees and tort claim damages are not recoverable in post office box proceedings.^[3]  Moreover, settlement is a voluntary process between the parties and the Judicial Officer has no authority to require either party to enter into a settlement agreement.^[4]  Accordingly, Petitioner’s Petition to Amend or Modify is denied.

James A. Cohen
Judicial Officer

[1]  See 39 C.F.R. Part 912 and Postal Operations Manual, Section 147 (POM Issue 9, July 2002, Updated With Postal Bulletin Revisions Through Oct. 31, 2002); see also Michael T. Hart and Windsor Group Limited, P.S. Docket No. WM 95-267 (P.S.D. Dec. 27, 1995).

[2]  39 C.F.R. §958.2.  See Sindy D. Thomas, P.S. Docket No. POB 02-96 (P.S.D. Feb. 28, 2003); Jacqueline Mills, P.S. Docket No. POB 02-56 (P.S.D. Sept. 11, 2002); and George J. Devos, P.S. Docket No. POB 01-111 (P.S.D. Sept. 7, 2001).

[3]  See Frank Gomon, P.S. Docket No. POB 01-2 (P.S.D. May 9, 2001).

[4]  Mary J. Downes, P.S. Docket No. AO 02-210 (P.S.D. Feb. 5, 2003).