01986794
06-22-2000
Cynthia S. Price, Appellant, v. William J. Henderson, Postmaster General, United States Postal Service, Agency.
Cynthia S. Price v. United States Postal Service
01986794
June 22, 2000
Cynthia S. Price, )
Appellant, )
)
v. ) Appeal No. 01986794
) Agency No. 4-G-700-0064-97
William J. Henderson, )
Postmaster General, )
United States Postal Service, )
Agency. )
______________________________)
DECISION
The Commission finds that the agency has breached the settlement agreement
reached by the parties on May 28, 1998, pursuant to the provisions 64
Fed. Reg. 37,644, 37,660 (1999) (to be codified and hereinafter referred
to as 29 C.F.R. �1614.504).<1>
The record shows that on May 28, 1998, appellant reached a settlement
agreement with the agency. In the agreement, the parties stipulated,
inter alia, that "the agency will pay to the Complainant within forty-five
(45) days from the date of signing this settlement agreement the sum of
Seven Hundred Fifty Dollars ($750.00)".
By letter dated July 14, 1998, Complainant advised the agency that the
agreement had been breached because the agency had failed to pay the
amount in question within 45 days of the date the agreement was signed.
On August 26, 1998, Complainant appealed to the Commission and claimed
that the agency had breached the settlement agreement. By memorandum
dated October 14, 1998, the agency's Senior Labor Relations Specialist
ordered the Manager of Finance to pay Complainant "the sum of $750.00".
EEOC Regulation 29 C.F.R. �1614.504(a) provides that any settlement
agreement knowingly and voluntarily agreed to by the parties shall be
binding on both parties. If the complainant believes that the agency
has failed to comply with the terms of a settlement agreement, then the
complainant shall notify the EEO Director of the alleged noncompliance
"within 30 days of when the complainant knew or should have known of
the alleged noncompliance." 29 C.F.R. �1614.504(a). The complainant
may request that the terms of the settlement agreement be specifically
implemented or request that the complaint be reinstated for further
processing from the point processing ceased. Id.
Settlement agreements are contracts between the appellant 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
(Aug. 23, 1990); In re Chicago & E.I. Ry. Co., 94 F.2d 296 (7th
Cir. 1938). In reviewing settlement agreements to determine if there is
a breach, the Commission is often required to ascertain the intent of the
parties and will generally rely on the plain meaning rule. Wong v. United
States Postal Service, EEOC Request No. 05931097 (Apr. 29, 1994) (citing
Hyon v. United States Postal Service, EEOC Request No. 05910787 (Dec. 2,
1991)). This rule states that if the writing appears to be plain and
unambiguous on its face, then its meaning must be determined from the
four corners of the instrument without any resort to extrinsic evidence
of any nature. Id. (citing Montgomery Elevator v. Building Engineering
Service, 730 F.2d 377 (5th Cir. 1984)).
The plain language of the agreement explicitly required the agency to
pay Complainant a fixed sum of $750.00 within 45 days of the date the
agreement was signed. No computations or calculations were required by
the agency in complying with the terms of the agreement. The $750.00
payment was not, however, paid to complainant within forty-five days of
the date the agreement was signed. On the contrary, the record reflects
that by memorandum dated October 14, 1998, the Manager of Finance was
ordered to make the payment available to Complainant. Moreover, the
record does not provide sufficient evidence to determine that this delay
was the result of good faith efforts on the agency's part to comply with
the agreement.
Once a breach is found, as in the case herein, the remedial relief is
either the reinstatement of the complaint for further processing or
specific enforcement of the settlement agreement. If a Complainant's
complaint is reinstated for further processing, then the parties must
be returned to the status quo at the time that the parties entered into
the settlement agreement, which requires that Complainant return any
benefits received pursuant to the settlement agreement. See, e.g.,
Armour v. Department of Defense, EEOC Appeal No. 01965593 (June 24, 1997).
Accordingly, the Commission determines that the settlement agreement
was breached by the agency. The complaint is hereby REMANDED to the
agency for further processing in accordance with the ORDER below.
On remand, complainant shall be advised that in order to reinstate
her complaint, a condition precedent is the return of any benefits
received through the execution of the provisions of the agreement.
In view of this requirement, we therefore give complainant the option,
in accordance with the ORDER below, of either returning the benefits
conferred pursuant to the agreement and reinstating the complaint, or
keeping the benefits conferred pursuant to the agreement and having the
agreement specifically enforced.
ORDER
The agency is ORDERED to notify Complainant of the option to return to the
status quo prior to the signing of the agreement and having her complaint
reinstated, or having the terms of the agreement specifically enforced.
The agency shall notify Complainant within fifteen (15) calendar days
of the date this decision becomes final. The agency shall also notify
Complainant that she has fifteen (15) calendar days from the date of
her receipt of the agency's notice within which to notify the agency
of her choice. Complainant shall be notified that in order to return
to the status quo ante, she must return any benefits received pursuant
to the agreement. If Complainant elects to return to the status quo
ante and she returns any monies or benefits owing to the agency, as
specified above, the agency shall resume processing the complaint from
the point processing ceased. If Complainant elects not to return to the
status quo ante, i.e., not to return any consideration owing the agency,
the agency shall notify Complainant that the terms of the settlement
agreement will be specifically enforced.
A copy of the agency's notice to Complainant regarding her options, as
well as a copy of either the correspondence reinstating the complaint
for processing or the correspondence notifying Complainant that the
terms of the settlement agreement will be specifically enforced, must
be sent to the Compliance Officer, as referenced below.
IMPLEMENTATION OF THE COMMISSION'S DECISION (K1199)
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 64
Fed. Reg. 37,644, 37,659-60 (1999) (to be codified and hereinafter
referred to as 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 64 Fed. Reg. 37,644, 37,659 (1999)
(to be codified and hereinafter referred to as 29 C.F.R. � 1614.409).
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0300)
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 64
Fed. Reg. 37,644, 37,659 (1999) (to be codified and hereinafter referred
to as 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 64 Fed. Reg. 37,644, 37,661 (1999) (to be codified and hereinafter
referred to as 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).
COMPLAINANTS' RIGHT TO FILE A CIVIL ACTION (R0400)
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:
June 22, 2000
Date Carlton M. Hadden, Acting Director
Office of Federal Operations
1 On November 9, 1999, revised regulations governing the EEOC's federal
sector complaint process went into effect. These regulations apply to all
federal sector EEO complaints pending at any stage in the administrative
process. Consequently, the Commission will apply the revised regulations
found at 64 Fed. Reg. 37,644 (1999), where applicable, in deciding the
present appeal. The regulations, as amended, may also be found at the
Commission's website at www.eeoc.gov.