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05-933 - LEE v. POTTER


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05-933 - LEE v. POTTER
March 27, 2008
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MEMORANDUM OPINION signed by CHIEF JUDGE JAMES A. BEATY, JR on 03/27/08, the Court concludes that Plaintiff in this case brings claims challenging his FECA benefits and the FECA process, which are within the exclusive province of the Department of Labor and are not subject to judicial review by this Court. In addition, to the extent Plaintiff attempts to bring a claim for violation of the Collective Bargaining Agreement, Plaintiff has not established any violation of the Agreement, and in any event has failed to exhaust the grievance-arbitration procedure with respect to the claims alleged here. Therefore, Defendant's Motion for Summary Judgment will be granted and Plaintiff's claims will be dismissed. An Order and Judgment consistent with this Memorandum Opinion will be filed contemporaneously herewith. (Law, Trina)