Carlos W. Rudasv.United States Postal Service 01A06026 January 24, 2001 . Carlos W. Rudas, Complainant, v. William J. Henderson, Postmaster General, United States Postal Service, Agency.

Equal Employment Opportunity CommissionJan 24, 2001
01a06026 (E.E.O.C. Jan. 24, 2001)

01a06026

01-24-2001

Carlos W. Rudas v. United States Postal Service 01A06026 January 24, 2001 . Carlos W. Rudas, Complainant, v. William J. Henderson, Postmaster General, United States Postal Service, Agency.


Carlos W. Rudas v. United States Postal Service

01A06026

January 24, 2001

.

Carlos W. Rudas,

Complainant,

v.

William J. Henderson,

Postmaster General,

United States Postal Service,

Agency.

Appeal No. 01A06026

Agency No. 1A-007-0001-00

DECISION

Complainant timely appealed the agency's decision not to reinstate his

complaint of unlawful employment discrimination that the parties had

settled. The record indicates that complainant, a Supervisor District

Operator, EAS-16, San Juan Postal Facility (GMF), filed an informal

complaint on September 30, 1999, concerning the denial of promotions,

detail offers, and other advancement opportunities. On January 4, 2000,

during a mediation, the parties entered into a settlement agreement,

which provided, in pertinent part, that:

Complainant will consider any equitable upward mobility opportunity

pending his approval and acceptance of request in Puerto Rico or abroad;

The manager of the Human Resources Offices at GPO San Juan will make

every effort to contact those specific locations in search of available

detail openings suitable to complainant and will keep him duly informed

of such efforts; and

Complainant's supervisor agrees to authorize complainant's release from

his present position as soon as the transfer request is approved by the

accepting district.

By letters dated June 6 and 19, 2000, complainant alleged that the agency

breached the settlement agreement. Specifically, complainant indicated

that he applied for two Postmaster, EAS-20, vacancies in Barceloneta

and Aguas Buena, San Juan, but was not selected for the position.

On August 11, 2000, the agency issued a decision finding that it did not

breach the settlement agreement when complainant was not selected for

the Postmaster vacancies. Specifically, the agency indicated that the

settlement agreement did not involve any guarantees of a non-competitive

placement into Postmaster positions.

EEOC Regulation 29 C.F.R. � 1614.504 provides that if the complainant

believes that the agency failed to comply with the terms of a settlement

agreement, the complainant should notify the Director of Equal Employment

Opportunity, in writing, of the alleged noncompliance with the settlement

agreement, within thirty (30) days of when the complainant knew or should

have known of the alleged noncompliance. The complainant may request that

the terms of the settlement agreement be specifically implemented or,

alternatively, that the complaint be reinstated for further processing

from the point processing ceased.

The agency shall resolve the matter and respond to the complainant,

in writing. If the agency has not responded to the complainant, in

writing, or if the complainant is not satisfied with the agency's attempt

to resolve the matter, the complainant may appeal to the Commission for

a determination as to whether the agency has complied with the terms of

the settlement agreement or final decision.

The Commission has held that settlement agreements are contracts between

the complainant and the agency and it is the intent of the parties

as expressed in the contract, and not some unexpressed intention, that

controls the contract's construction. Eggleston v. Department of Veterans

Affairs, EEOC Request No. 05900795 (August 23, 1990). In addition, the

Commission generally follows the rule that if a writing appears to be

plain and unambiguous on its face, its meaning must be determined from

the four corners of the instrument without resort to extrinsic evidence

of any nature. See Montgomery Elevator v. Building Engineering Services,

730 F.2d 377 (5th Cir. 1984). The Commission has followed this rule

when interpreting settlement agreements. The Commission's policy in

this regard is based on the premise that the face of the agreement best

reflects the understanding of the parties.

In the instant case, complainant alleged that the agency breached the

settlement agreement at issue when he was not promoted to a Postmaster,

EAS-20, position in April 2000. However, the settlement agreement merely

provides for any equitable upward mobility opportunity consideration

for complainant. As the agency stated in its decision, the settlement

agreement does not specifically provide for, nor guarantee, complainant's

promotion to a Postmaster position. Thus, the Commission finds that

the alleged matter is beyond the scope of the terms of the settlement

agreement. It is noted that complainant does not claim that the agency

failed to comply with the remaining terms of the settlement agreement,

i.e., concerning his detail and/or transfer opportunities.

In addition, with regard to complainant's reprisal claim on appeal,

the Commission finds that the matter should be processed as a

separate complaint under 29 C.F.R. � 1614.106 rather than as a claim of

noncompliance with a settlement agreement. Complainant is hereby advised

to contact an EEO Counselor with regard to this matter if he wishes to

further pursue the matter. See 29 C.F.R. �� 1614.101(b) and 1614.105(a).

Accordingly, the agency's decision not to reinstate the settled matters

is AFFIRMED.

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 (S0900)

You have the right to file a civil action in an appropriate United States

District Court within ninety (90) calendar days from the date that you

receive this decision. 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. If you

file a request to reconsider and also file a civil action, 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 24, 2001

__________________

Date