01996199_r
05-02-2001
Belinda M. Sellers v. United States Postal Service 01996199 May 2, 2001 . Belinda M. Sellers, Complainant, v. William J. Henderson, Postmaster General, United States Postal Service, Agency.
Belinda M. Sellers v. United States Postal Service
01996199
May 2, 2001
.
Belinda M. Sellers,
Complainant,
v.
William J. Henderson,
Postmaster General,
United States Postal Service,
Agency.
Appeal No. 01996199
Agency No. 4D-270-0057-99
DECISION
The record indicates that on December 29, 1998, complainant filed an
informal complaint concerning her removal from a detail assignment in
September 1998. Thereafter, on March 10, 1999, the parties resolved
the matter by entering into a settlement agreement, which provided,
in pertinent part, that: complainant's supervisor commits to giving
complainant a job outline and its requirements if it fits within her
medical restrictions. By letter dated June 4, 1999, complainant alleged
that the agency breached the settlement agreement since she did not
receive a job outline with the requirements fitting her restrictions.
In its decision, the agency, refusing to reinstate complainant's
complaint, stated that according to complainant's supervisor, the
supervisor did attempt to find work in complainant's letter carrier craft
position within her restrictions, but to no avail. It is noted that other
than its mere assertions, the agency fails to include in the record any
statement from complainant's supervisor concerning whether the supervisor
actually gave complainant a job outline and its requirement under the
settlement agreement. Based on the foregoing, the record is insufficient
for the Commission to determine whether the agency failed to comply with
the settlement agreement. Therefore, the agency is Ordered, as stated
below, to conduct a supplemental investigation concerning the matter.
Accordingly, the agency's decision finding no settlement breach is VACATED
and the matter is REMANDED back to the agency for further processing in
accordance with this decision and applicable regulations.
ORDER
The agency, within thirty (30) calendar days of the date this decision
becomes final, is ORDERED to include a statement from complainant's
supervisor, identified in the March 10, 1999 settlement agreement,
indicating whether she gave complainant a job outline and its requirements
under the settlement agreement. If the supervisor did not provide such
a job outline and requirements, then the supervisor shall explain why she
did not comply with the settlement agreement. Based on the foregoing
information, the agency, within thirty (30) calendar days of the date
this decision becomes final, shall issue a decision finding whether the
agency breached the settlement agreement. If the agency reinstates the
underlying settled matter, then the agency shall also send a letter to
complainant informing her that it is reinstating the underlying settled
matter from the point processing ceased.
A copy of the agency's decision, and, if appropriate, its letter of
reinstatement of the settled matter, must be sent to the Compliance
Officer as referenced below.
IMPLEMENTATION OF THE COMMISSION'S DECISION (K0900)
Compliance with the Commission's corrective action is mandatory.
The agency shall submit its compliance report within thirty (30)
calendar days of the completion of all ordered corrective action. The
report shall be submitted to the Compliance Officer, Office of Federal
Operations, Equal Employment Opportunity Commission, P.O. Box 19848,
Washington, D.C. 20036. The agency's report must contain supporting
documentation, and the agency must send a copy of all submissions to
the complainant. If the agency does not comply with the Commission's
order, the complainant may petition the Commission for enforcement of
the order. 29 C.F.R. � 1614.503(a). The complainant also has the right
to file a civil action to enforce compliance with the Commission's order
prior to or following an administrative petition for enforcement. See 29
C.F.R. �� 1614.407, 1614.408, and 29 C.F.R. � 1614.503(g). Alternatively,
the complainant has the right to file a civil action on the underlying
complaint in accordance with the paragraph below entitled "Right to File
A Civil Action." 29 C.F.R. �� 1614.407 and 1614.408. A civil action
for enforcement or a civil action on the underlying complaint is subject
to the deadline stated in 42 U.S.C. � 2000e-16(c)(Supp. V 1993). If the
complainant files a civil action, the administrative processing of the
complaint, including any petition for enforcement, will be terminated.
See 29 C.F.R. � 1614.409.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0900)
The Commission may, in its discretion, reconsider the decision in this
case if the complainant or the agency submits a written request containing
arguments or evidence which tend to establish that:
1. The appellate decision involved a clearly erroneous interpretation
of material fact or law; or
2. The appellate decision will have a substantial impact on the policies,
practices, or operations of the agency.
Requests to reconsider, with supporting statement or brief, must be filed
with the office of federal operations (OFO) within thirty (30) calendar
days of receipt of this decision or within twenty (20) calendar days of
receipt of another party's timely request for reconsideration. See 29
C.F.R. � 1614.405; Equal Employment Opportunity Management Directive for
29 C.F.R. Part 1614 (EEO MD-110), 9-18 (November 9, 1999). All requests
and arguments must be submitted to the Director, Office of Federal
Operations, Equal Employment Opportunity Commission, P.O. Box 19848,
Washington, D.C. 20036. In the absence of a legible postmark, the
request to reconsider shall be deemed timely filed if it is received by
mail within five days of the expiration of the applicable filing period.
See 29 C.F.R. � 1614.604. The request or opposition must also include
proof of service on the other party.
Failure to file within the time period will result in dismissal of your
request for reconsideration as untimely, unless extenuating circumstances
prevented the timely filing of the request. Any supporting documentation
must be submitted with your request for reconsideration. The Commission
will consider requests for reconsideration filed after the deadline only
in very limited circumstances. See 29 C.F.R. � 1614.604(c).
COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (R0900)
This is a decision requiring the agency to continue its administrative
processing of your complaint. However, if you wish to file a civil
action, you have the right to file such action in an appropriate United
States District Court within ninety (90) calendar days from the date
that you receive this decision. In the alternative, you may file a
civil action after one hundred and eighty (180) calendar days of the date
you filed your complaint with the agency, or filed your appeal with the
Commission. If you file a civil action, you must name as the defendant in
the complaint the person who is the official agency head or department
head, identifying that person by his or her full name and official title.
Failure to do so may result in the dismissal of your case in court.
"Agency" or "department" means the national organization, and not the
local office, facility or department in which you work. Filing a civil
action will terminate the administrative processing of your complaint.
RIGHT TO REQUEST COUNSEL (Z1199)
If you decide to file a civil action, and if you do not have or cannot
afford the services of an attorney, you may request that the Court appoint
an attorney to represent you and that the Court permit you to file the
action without payment of fees, costs, or other security. See Title VII
of the Civil Rights Act of 1964, as amended, 42 U.S.C. � 2000e et seq.;
the Rehabilitation Act of 1973, as amended, 29 U.S.C. �� 791, 794(c).
The grant or denial of the request is within the sole discretion of
the Court. Filing a request for an attorney does not extend your time
in which to file a civil action. Both the request and the civil action
must be filed within the time limits as stated in the paragraph above
("Right to File A Civil Action").
FOR THE COMMISSION:
______________________________
Carlton M. Hadden, Director
Office of Federal Operations
May 2, 2001
__________________
Date