Hayes v. United States

20 Cl. Ct. 150, 1990 U.S. Claims LEXIS 156, 1990 WL 44327
CourtUnited States Court of Claims
DecidedApril 17, 1990
DocketNo. 565-88C
StatusPublished
Cited by11 cases

This text of 20 Cl. Ct. 150 (Hayes v. United States) is published on Counsel Stack Legal Research, covering United States Court of Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hayes v. United States, 20 Cl. Ct. 150, 1990 U.S. Claims LEXIS 156, 1990 WL 44327 (cc 1990).

Opinion

OPINION

YOCK, Judge.

This case is before the Court on the Government’s Motion to Dismiss for lack of subject matter jurisdiction. For the reasons stated below, the Motion to Dismiss is granted, and the plaintiff's complaint is to be dismissed.

Factual Background

Plaintiff, James Hayes, Jr., was an employee of the United States Postal Service (USPS) and is now retired. While employed at the Post Office in New Orleans, Louisiana, he submitted a suggestion to modify the Mark II machines pursuant to the Employee Suggestion Program. The USPS recognized Mr. Hayes’ suggestion and presented him with a Certificate of Award and an award check in the amount of $104. This award was based on the benefits to the USPS from the implemented suggestion.

It is now the plaintiff’s contention that his suggestion has since been implemented on a nationwide basis, and, therefore, he is now entitled to additional compensation based on the additional benefits that the USPS is receiving.

Plaintiff originally filed suit in the United States District Court for the Eastern District of Louisiana, alleging a breach of the employment contract between himself and the USPS. The district court, however, dismissed the plaintiff’s claim for lack of subject matter jurisdiction. On appeal, the Fifth Circuit found that the plaintiff was a Government contractor and that his suggestion was a “procurement of services” under the Contract Disputes Act (CDA) of 1978. 41 U.S.C. §§ 601 et seq. (1982 & Supp. V 1987). According to the Fifth Circuit, any claim of Mr. Hayes “must be pursued under the CDA and only in the U.S. Court of Claims [sic].” Hayes v. United States Postal Serv., 859 F.2d 354, 356-57 (5th Cir.1988). Plaintiff then filed his action in this Court on September 26, 1988, seeking damages, interest, and costs.

Discussion

In its motion to dismiss, the Government argues that no statute, regulation, or express or implied-in-fact contract exists that would entitle the plaintiff to any damages because of the USPS’s alleged failure to adequately compensate him under the Employee Suggestion Program. Thus, the jurisdiction granted to this Court by the Tucker Act, 28 U.S.C. § 1491 (1982 & Supp. V 1987), over monetary claims founded on the Constitution, an Act of Congress, or any express or implied contract with the United States does not provide a basis for the plaintiff’s claim.

[152]*152Plaintiffs opposition to the motion to dismiss alleges that a contract arose between the plaintiff and the USPS when the Postal Service accepted and implemented his suggestion. According to the plaintiff, the contract arose separately from his contract of employment, and the USPS subsequently violated this contract by awarding him an insufficient amount of compensation.

As asserted by the Government, the Claims Court is a specialized Court and can only entertain claims against the United States when a constitutional provision, a statute, a regulation of the executive department, or a contract “can fairly be interpreted as mandating compensation by the Federal Government for the damage sustained.” United States v. Testan, 424 U.S. 392, 401-02, 96 S.Ct. 948, 954-55, 47 L.Ed.2d 114 (1976) (quoting Eastport S.S. Corp. v. United States, 178 Ct.Cl. 599, 607, 372 F.2d 1002, 1008-09 (1967)).

Despite the Fifth Circuit’s conclusion that the USPS Employee Suggestion Program is authorized by 5 U.S.C. § 4503, Hayes, 859 F.2d at 356, that statute is not applicable to the USPS. Section 4503 refers to an agency, and agency is defined as an executive agency. 5 U.S.C. § 4501(1)(A) (1988). Under section 105, executive agency is defined as an executive department, a Government corporation, and an independent establishment. 5 U.S.C. § 105 (1988). Section 104 of title 5 of the United States Code explicitly states, however, that the USPS is not an independent establishment within the executive branch. This exclusionary language was added as a result of the Postal Reorganization Act (PRA), 39 U.S.C. §§ 101 et seq. (1982 & Supp. V 1987), which was enacted to allow the Postal Service to be operated more like a business. See Loeffler v. Frank, 486 U.S. 549, 556, 108 S.Ct. 1965, 1970, 100 L.Ed.2d 549 (1988) (quoting Franchise Tax Bd. v. United States Postal Serv., 467 U.S. 512, 520, 104 S.Ct. 2549, 2554, 81 L.Ed.2d 446 (1984)).

There are no ambiguities within 5 U.S.C. § 4503 that could be interpreted so as to make this statute applicable to the USPS. Furthermore, only those sections of title 5 that are specifically enumerated in the PRA apply to the Postal Service, and section 4503 is not listed. 39 U.S.C. § 410(a) (1982 & Supp. V 1987). The USPS is exempt from all other “Federal laws dealing with public or federal contracts, property, works, officers, employees, budgets, or funds,” id., unless they are itemized in that section. See United States v. Electronic Data Systems Federal Corp., 857 F.2d 1444 (Fed.Cir.1988) (Congress expressly excluded the Postal Service from the reach of all federal procurement laws not specifically enumerated).

Clearly, the USPS Employee Suggestion Program does not fit under the authority of 5 U.S.C. § 4503, and thus this statutory section cannot form the basis for jurisdiction within this Court. The Fifth Circuit’s conclusion to the contrary is simply in error.

The USPS Employee Suggestion Program is outlined in Part 630 of the Postal Service Employee and Labor Relations Manual, as well as in USPS Handbook EL-605, The Employee Suggestion Program, which is available to interested employees. The question of whether personnel manuals are properly considered as regulations, which could form the basis of jurisdiction within this Court, has been previously raised before both the Claims Court and its predecessor, the United States Court of Claims. It remains, however, to be conclusively answered. See Fiorentino v. United States, 221 Ct.Cl.

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20 Cl. Ct. 150, 1990 U.S. Claims LEXIS 156, 1990 WL 44327, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hayes-v-united-states-cc-1990.