01a15063_r
02-22-2002
Florence R. Rodriguez, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Florence R. Rodriguez v. United States Postal Service
01A15063
February 22, 2002
.
Florence R. Rodriguez,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Appeal No. 01A15063
Agency No. 4-J-600-0043-01
DECISION
Complainant timely appealed the agency's decision not to reinstate her
complaint of unlawful employment discrimination that the parties had
settled. See � 1614.504. The record indicates that on December 21, 2000,
the parties entered into a settlement agreement resolving complainant's
complaint. The settlement agreement provided, in pertinent part, that:
The parties agree to the following:
(1) Letter of Warning dated Dec. 6, 2000, will be reduced to an official
discussion.
(2) That within a 6 (six) month period from this date or sooner when
a clerk is brought into this office [complainant] will be taken off
the Sunday shift will work on a Monday-Saturday shift.
On June 18, 2001, complainant alleged that the agency breached the
settlement agreement. Specifically, complainant indicated that she was
still required to work on Sundays. Complainant did not dispute item (1)
of the settlement agreement. On July 20, 2001, the agency stated that
it did not breach the settlement agreement since no clerk was brought
into complainant's office within the 6 month period thereof, thereby the
agency was not required to take complainant off from her Sunday shift.
On appeal, complainant contends that she should have been taken off from
her Sunday shift no later than June 21, 2001, whether or not a clerk was
hired into her office. Complainant further indicates that on August 11,
2001, a clerk was brought into the office, followed by another clerk
two days later, and complainant was denied her request to be taken off
from her Sunday shift.
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, the Commission finds that the settlement agreement
is too vague to be implemented. The Commission has previously held
that a binding settlement agreement requires a contemporaneous meeting
of the minds. See Brown v. Department of Defense (DLA), EEOC Request
No. 05940628 (November 3, 1994); Mullen v. Department of the Navy, EEOC
Request No. 05890349 (May 18, 1989). Under item 2 of the settlement
agreement, the agency believed that it was required to take complainant
off from her Sunday shift only if a clerk was brought into her office
whereas complainant believed that she should have been taken off from
her Sunday sift no later than June 21, 2001, whether or not a clerk was
hired into her office. Upon review, the Commission finds that there
was no meeting of the minds by the parties when the settlement agreement
was entered into. Therefore, the Commission finds that the settlement
agreement is void.
Accordingly, the agency's decision is VACATED and the matter is REMANDED
to the agency for reinstatement of the settled matter from the point at
which processing ceased.
ORDER
The agency, within thirty (30) calendar days of the date this decision
becomes final, is ORDERED to resume the processing of the settled
matter from the point processing ceased in accordance with 29 C.F.R.
Part 1614. The agency, within thirty (30) calendar days of the date
this decision becomes final, shall notify the complainant that it has
resumed processing the settled matter.
A copy of the agency's letter of processing to complainant must be sent
to the Compliance Officer as referenced below.
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.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0701)
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 22, 2002
__________________
Date