01993294
02-26-2001
Constance D. Good, Complainant, v. William J. Henderson, Postmaster General, United States Postal Service, Agency.
Constance D. Good v. United States Postal Service
01993294
February 26, 2001
.
Constance D. Good,
Complainant,
v.
William J. Henderson,
Postmaster General,
United States Postal Service,
Agency.
Appeal No. 01993294
Agency No. 4-H-327-1052-94
DECISION
Complainant timely appealed the agency's decision that denied her claim
that the settlement agreement entered into between the parties had been
breached.
Subsequent to complainant's request that a hearing be held before an EEOC
Administrative Judge, complainant and the agency entered into a settlement
agreement of an EEO matter on October 26, 1995. The agreement stated:
In order to assist the Complainant and to meet the [Agency] obligations
to provide work within her limitations as noted by the Complainant's
doctor(s), the Complainant will be assigned to duties within her
limitations with off days of Sundays and Mondays. Implementation of
the assignment will be on October 28, 1995.
On September 2, 1998, a pre-arbitration settlement was reached regarding a
class action filed as to the position held by complainant. The following
agreement was reached between agency management and the union:
EEO settlements may not take precedence over the language contained in
the Collective Bargaining Agreement. Employee [Complainant's] light
duty assignment will be changed back to the original Step 2 agreement
as stated in grievance #C11-93. This will be accomplished within 30
days of this agreement.
By letter dated September 16, 1998, complainant notified the agency that
the pre-arbitration agreement entered into on September 2, 1998, breached
the settlement agreement that she entered into on October 28, 1995.
According to complainant, the pre-arbitration agreement violated the
terms of the settlement by changing her days off. Complainant requested
that her complaint be reinstated.
In its decision dated February 11, 1999, the agency determined that it
did not breach the settlement agreement since the settlement violated
the collective bargaining agreement. The agency stated that the
collective bargaining agreement cannot be violated by a settlement
of an EEO complaint. The agency acknowledged that complainant's off
days as set forth in the settlement agreement were changed by the
pre-arbitration agreement so as to avoid conflict with the collective
bargaining agreement. The agency denied complainant's request for
reinstatement of her complaint.
Given that there is no evidence in the record from which we can
determine whether the parties' settlement agreement violated the
collective bargaining agreement, we remand the case back to the agency
for an investigation. If the agency determines that the settlement
agreement violated the terms of the collective bargaining agreement,
then it must reinstate the complaint and begin processing from the
point at which processing ceased when the parties entered into the
settlement agreement. See Kenneth F. Pyles v. United States Postal
Service, EEOC Request No. 05920044 (April 22, 1992). If, however,
the agency determines that the settlement agreement did not violate the
collective bargaining agreement, then it must reinstate complainant to
the position that she obtained pursuant to the settlement agreement,
with appropriate backpay, benefits, and interest, pursuant to the terms
of the settlement agreement. See id. The agency's decision finding no
breach of the settlement agreement is hereby VACATED. This matter is
REMANDED for further processing pursuant to the Order below.
ORDER
The agency is ORDERED to conduct an investigation to establish whether
the settlement agreement violated the terms of the collective bargaining
agreement. If the agency determines that the settlement agreement
violated the terms of the collective bargaining agreement, then it must
reinstate the complaint and begin processing from the point at which
processing ceased when the parties entered into the settlement agreement.
If, however, the agency determines that the settlement agreement did
not violate the collective bargaining agreement, then it must reinstate
complainant to the position that she obtained pursuant to the settlement
agreement, with appropriate backpay, benefits, and interest, pursuant
to the terms of the settlement agreement.
Having made its determination, the agency shall issue, within thirty (30)
calendar days of its receipt of this decision, a new decision (including
appeal rights to the Commission). In its decision, the agency not only
must indicate its determination of the issue, but also must present the
results of the investigation and explain its reasoning in reaching its
final disposition of the matter. The agency must send a copy of its
decision 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
February 26, 2001
__________________
Date