alleged misconduct shall be expunged we probably have a pretty easy case but that's not what the language that well yes but maybe thing is that if you're looking at go back and look at what was in the and there doesn't seem to be any qualification on the obligation of the agency to remove references to the removal from her personnel records i mean the agency isn't given any qualification on that it has to do that flat out says you have to remove all references to the removal but then it says however you know kind of in terms of a by the way if she's charged with similar misconduct you can just in the problem seems to be that what happened here isn't covered by the agreement what happened here was she went to waterloo she worked there is the postmaster correct yes and then she apparently resigned after a period of time to care for her ill mother then she sought reemployment back at the same omaha facility where she had been right yes yes yes she said first she thought appli a managerial position or supervisory position and then she said all right i'll allow apply for a clerical position now she was never charged with any misconduct though and what happened was she came confused very easily and i'm confused again the sentence as it is agreed that all references to miss with homeowners removal and those with him if you move will shall be  from her official personnel records let's stop right there who was it understood that somebody would open up her official personnel record and throw away some papers but that everybody that that was the expectation by expunging her official personnel records the effect that that would be in effect to silence the entire postal service with regard to any understanding of when these two officials sent these identical letters she she made i think part of the problem is that judge dyke was pointing out is that she did something i think nobody expected her to do which was to reapply to the same place where she had all her troubles now it's probably the case that given the nature of the charges against he that there was a lot of information within the post office there about all the events because it's too juicy for people not to have been talking about now what do we know about where these two officials who center identical respect to the supervisory position as soon that all that was in the letter was the last paragraph very seldom if ever do i grant reinstating a request and i decide to decline your request as well i assume that if that was nixed of the the facility on march the first and she goes to waterloo and one month later on february the first she comes back and resigns from waterloo and replies simming assuming hypothetically that we agreed that with the dissent at the board that this is a breach of the agreement what remedy do you think is appropriate that x says they're considering hiring her as a supervisor and the fedex person talked to karl schroeder sr well card rotary he's the senior manager who was her supervisor knows all about what went on and he issues he actually actually issued a letter of decision that triggered this whole thing he says well the record has been per but let me tell you what that woman did and let me tell you what we did and we put her out in the boondocks and if you want to you can have a clue she really a prop would you think that was a breach personal records why didn't they say so long as you stay the hell away from moma well they certainly didn't specifically say your honor but i think from the agreement itself look at the terms of words that they will transfer her they will is the fact that number one material be removed and number two material that was in there will not be used against her now you make the argument that there's a differen sought employment with another agency or even another part of the postal service so i think you're known and to your credit candidly acknowledging that you know if that she is entitle some protections with respect to this material but it's simply we're a little bit of a different ballpark when we're talking about the omaha facility because they bargained to have her lead and that was part of their bargain that's  so what you're saying is that when you read that obviously what both parties got a bargain here she got the removal taken off her record she was not removed the benefit of the bargain and talking about which is that as written six is not very clear but we all understand it to mean a clear record but they away from omaha let's assume that understanding comes out  trying to get into the postal service at omaha but they clearly were breached by the man who wrote the original deal which i appreciated mr pitt pointing that out and then he approves say you know  you're a bad girl i mean you can't have that now he may very well said sorry no place for you in omaha we'd all understand that but what they did was not very good so what do we say well i think what you there's nothing to say that she should not be or that the polls are now yes there is if you read that well not in the pulse of service but if you read the entire settling at settlement agreement it's pretty clear that they did not want her to stay at the  records of negative information relating to be incidents and also she got attorneys and she also got a position at waterloo in a management position i  reopen this thing and they would she want us to hold that there was a breach and now she's entitled to have her case reopened from the beginning so there should be that way no no you don't want to go back to the removal action or six weeks or a year from tomorrow mr ms with honor applies in omaha to work at home depot that acts or if she applies to work at the postal service in fargo north dakota  or hartford connecticut she will the government understands that there should be no negative information in any such application process and that seems  two which will you opt for going back and redoing and starting all over again with the removal action or accepting an interpretation of the contract along the lines judge all suggest that's a hypothetical