0120141409
09-26-2014
Complainant, v. Deborah Lee James, Secretary, Department of the Air Force, Agency.
Complainant,
v.
Deborah Lee James,
Secretary,
Department of the Air Force,
Agency.
Appeal No. 0120141409
Agency No. 9B1C11015
DECISION
Complainant filed an appeal with this Commission asserting that the Agency was not in compliance with the terms of the settlement agreement into which the parties entered. There is no Agency decision. For purposes of expediency, however, the Commission uses its discretion to accept the appeal. See 29 C.F.R. � 1614.504(b) and 29 C.F.R. � 1614.405.
BACKGROUND
At the time of events giving rise to this complaint, Complainant worked as a Library Technician at the Agency's Groninger Library on the Joint Base Langley-Eustis, in Eustis, Virginia.
On October 28, 2013, Complainant and the Agency entered into a settlement agreement to resolve an EEO matter. The settlement agreement provided, in pertinent part, that:
(2a) The Agency agrees to pay Complainant a one-time lump sum payment of two thousand ($2,000.00) dollars. The Agency will request this one-time lump sum payment from the Defense Finance and Accounting Service [DFAS] within 30 days of the effective date of this Agreement; and.
(8) This agreement constitutes the complete understanding between Complainant and the Agency.
On December 9, 2013, Complainant filed an appeal with the Office of Federal Operations, alleging dissatisfaction and asserting a breach of the settlement agreement. Specifically, Complainant alleged that the Agency failed to pay her $2,000.00, within 30 days, in compliance with provision 2a. Complainant did not contact the EEO Director in writing to allege her breach claim, before filing her appeal.
The record shows that the Agency requested payment from DFAS on October 29, 2013, which was within 30 days of the execution of the settlement agreement. The record documents that the Agency made the payment to Complainant on February 14, 2014.
In its response to this appeal, the Agency noted that there was no requirement in the language of the Agreement that Complainant receive payment within 30 days. The Agency states that it complied with the settlement agreement in a timely fashion.
ANALYSIS
EEOC Regulation 29 C.F.R. � 1614.504(a) provides that any settlement agreement knowingly and voluntarily agreed to by the parties, reached at any stage of the complaint process, shall be binding on both parties. The Commission has held that a settlement agreement constitutes a contract between the employee and the Agency, to which ordinary rules of contract construction apply. See Herrington v. Dep't of Def., EEOC Request No. 05960032 (December 9, 1996). The Commission has further held that it is the intent of the parties as expressed in the contract, not some unexpressed intention that controls the contract's construction. Eggleston v. Dep't of Veterans Affairs, EEOC Request No. 05900795 (August 23, 1990). In ascertaining the intent of the parties with regard to the terms of a settlement agreement, the Commission has generally relied on the plain meaning rule. See Hyon O v. U.S. Postal Serv., EEOC Request No. 05910787 (December 2, 1991). This rule states that if the 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 Co. v. Building Eng'g Servs. Co., 730 F.2d 377 (5th Cir. 1984).
We find that the agreement is valid.
In the instant case, Complainant did not provide the Agency with notice of her breach claim to allow the Agency to address her concerns. Consistent with the Agreement, the Agency requested the payment and payment was made to Complainant. The Agreement did not specify a precise date by which Complainant would be paid. The Agreement required that the Agency would request payment from DFAS within 30 days, which the Agency did do. The record includes documentation that the payment of $2,000.00 was issued to Complainant on February 14, 2014.
Further, the Commission has held that, pursuant to 29 C.F.R. 1614.504(b), an agency has 35 days from the receipt of a complainant's allegation of noncompliance to resolve the matter, or cure any breach that occurred. The Commission has further held that if an agency cures a breach during the 35 day period after the filing of a breach claim, it will be deemed to be in compliance. Eckholm v. Department of Veterans Affairs, EEOC Appeal No. 0120091193 (April 29, 2009).
We find that to the extent that Complainant believes that the Agency actions constituted breach, the Agency's action of making the payment after receipt of notice of Complainant's claims, cured any such breach. Since Complainant presents no evidence of bad faith, we find that the Agency complied with the agreement.
CONCLUSION
Accordingly, we AFFIRM the Agency's final decision finding no breach.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0610)
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 tends 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), at 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 77960, Washington, DC 20013. 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 (S0610)
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 (Z0610)
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 from the Court that the Court appoint an attorney to represent you and that the Court also 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 with the Court 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
September 26, 2014
__________________
Date
2
0120141409
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
2
0120141409