05a50693
04-12-2005
Elizabeth J. Davis, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, (Southwest Area), Agency.
Elizabeth J. Davis v. United States Postal Service
05A50693
April 12, 2005
.
Elizabeth J. Davis,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
(Southwest Area),
Agency.
Request No. 05A50693
Appeal No. 01A45656
Agency No. 1G-721-0058-03
DENIAL
Elizabeth J. Davis (complainant) timely requested reconsideration of
the decision in Elizabeth J. Davis v. United States Postal Service, EEOC
Appeal No. 01A45656 (February 15, 2005). EEOC Regulations provide that
the Commission may, in its discretion, grant a request to reconsider any
previous Commission decision where the requesting party demonstrates 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. See 29 C.F.R. � 1614.405(b).
In her request for reconsideration, complainant contends that the
Commission erred when it only ordered the agency to implement the
terms of the settlement agreement as a remedy for our breach finding.
Complainant requests that the Commission also sanction the agency and
award her compensatory damages. We note that to remedy a finding of
breach, the Commission may order reinstatement of the underlying complaint
or enforcement of the agreement's terms. See 29 C.F.R. 1614.504(c).
In this matter, complainant is not entitled to any relief apart from
our Order requiring enforcement of the settlement agreement. See Allen
v. Department of the Interior, EEOC Request No. 05970352 (August 11,
1999) (citing Kessler v. United States Postal Service, EEOC Request
No. 05970446 (February 26, 1999) and Martin v. Department of Defense,
EEOC Request No. 05940745 (August 24, 1995) (finding compensatory damages
unavailable for findings of settlement breach).
Therefore, after reconsidering the previous decision and the entire
record, the Commission finds that the request fails to meet the criteria
of 29 C.F.R. � 1614.405(b), and it is the decision of the Commission to
deny the request. The decision in EEOC Appeal No. 01A45656 remains the
Commission's final decision. There is no further right of administrative
appeal on the decision of the Commission on this request.
ORDER (E0900)
The agency shall, within 30 calendar days of the date this decision
becomes final, specifically enforce the settlement agreement by taking
the following actions:
The Manager of Distribution Operations (MD), Tour III, at the Processing
and Distribution Center, Little Rock, Arkansas shall conduct an
exhaustive investigation of the incident at issue. The MDO shall make
written requests to all of complainant's named witnesses to provide a
written or verbal statement concerning the incident. If the witnesses
wish to decline making such a statement, they must state their refusal
in writing.
Within 30 calendar days fo the conclusion of the investigation, the
MDO shall submit to the Compliance Officer, as referenced herein, the
investigative file, including all efforts made to contact the witnesses
and their responses.
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.
COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (P0900)
This decision of the Commission is final, and there is no further right
of administrative appeal from the Commission's decision. 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.
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
_April 12, 2005_________________
Date