01A13417_r
01-25-2002
Carla R. Thomas, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Carla R. Thomas v. United States Postal Service
01A13417
January 25, 2002
.
Carla R. Thomas,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Appeal No. 01A13417
Agency No. 1-J-602-0053-00
DECISION
The record indicates that on February 1, 2001, the parties entered into
a settlement agreement in order to resolve complainant's complaint.
The settlement agreement provided, in part, that:
4. Complainant will be provided the information by Injury Compensation
to provide to her doctor to initiate the rehabilitation process.
The Manager of Injury Compensation will recommend in writing to the T-2
Manager of Distribution Operations, consistent with other employees'
seniority as compared to complainant's seniority, Saturday and Sunday as
non-scheduled with a 7:00 A.M. start if complainant's restrictions kept
her from receiving bid assignments with Saturday and Sunday non-scheduled
with a 7:00 A.M. start.
Thereafter, complainant alleged that the agency breached the settlement
agreement. Specifically, complainant alleged that the agency did
not provide the necessary information to her in order to initiate
her rehabilitation process. Complainant also alleged that the Injury
Compensation Manager did not make his recommendation for a bid assignment
with Saturday/Sunday as off days with a 7:00 A.M. start to the T-2
Manager, but that two other employees with less seniority received such
an assignment. In response, the Injury Compensation Manager indicated
that the subject assignment was not based on seniority, but was instead
posted for bidding and the best qualified candidate was selected.
With regard to complainant's rehabilitation process, the agency failed
to provide any evidence in the record to show whether complainant
was provided with the necessary information in order to initiate her
rehabilitation process. Therefore, we shall remand the matter so that
the agency may supplement the record with evidence showing whether
complainant was provided the information by Injury Compensation to
provide to her doctor to initiate the rehabilitation process.
With regard to the recommendation by the Manager of Injury Compensation,
the Commission finds that the record is not clear if the prerequisite
for such a recommendation was met. The settlement agreement only
required a recommendation for complainant's schedule if complainant's
restrictions kept her from receiving bid assignments with Saturday and
Sunday non-scheduled with a 7:00 A.M. start. In her letter dated February
26, 2001, complainant stated that her restrictions kept her from bidding
and applying for several jobs within the agency. The record does not
contain evidence addressing whether complainant's restrictions did keep
her from receiving bid assignments with Saturday and Sunday non-scheduled
with a 7:00 A.M. start. Therefore, we shall remand the matter so that
the agency may supplement the record with evidence showing whether
complainant's restrictions kept her from receiving bid assignments with
Saturday and Sunday non-scheduled with a 7:00 A.M. start.
Based on the foregoing, the Commission cannot determine whether the
agency breached item 4 of the settlement agreement.
Accordingly, the agency's decision not to reinstate complainant's
complaint is VACATED and the matter is REMANDED back to the agency's
for further processing in accordance with the Order below.
ORDER
The agency shall provide in the record evidence which demonstrates that
it has complied with item 4 of the February 1, 2001 settlement agreement.
Specifically, the agency shall supplement the record with:
Evidence showing whether Injury Compensation provided complainant with
the information in order to initiate complainant's rehabilitation process.
Evidence showing whether complainant's restrictions kept her from
receiving bid assignments with Saturday and Sunday non-scheduled with
a 7:00 A.M. start.
Within thirty (30) calendar days of the date this decision becomes final
the agency shall issue a decision regarding whether the agency breached
item 4 of the settlement agreement. A copy of the agency's decision
must be sent to the Compliance Officer as referenced below.
IMPLEMENTATION OF THE COMMISSION'S DECISION (K0501)
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)
(1994 & Supp. IV 1999). 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 (M0701)
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
January 25, 2002
__________________
Date