Kimberly A. Wachter, Complainant,v.William J. Henderson, Postmaster General, United States Postal Service, Agency.

Equal Employment Opportunity CommissionFeb 26, 2001
01992179 (E.E.O.C. Feb. 26, 2001)

01992179

02-26-2001

Kimberly A. Wachter, Complainant, v. William J. Henderson, Postmaster General, United States Postal Service, Agency.


Kimberly A. Wachter v. United States Postal Service

01992179

February 26, 2001

.

Kimberly A. Wachter,

Complainant,

v.

William J. Henderson,

Postmaster General,

United States Postal Service,

Agency.

Appeal No. 01992179

Agency No. 4-D-250-1144-96

DECISION

Complainant and the agency entered into a settlement agreement on

October 30, 1997. Complainant alleged breach of the agreement, which

the Commission addressed in a prior appeal, EEOC Appeal No. 01982402.

The Commission was unable to determine whether the agency breached

the provision that �[complainant] will be treated fairly and equitably

regarding her start time.� As a result, the Commission remanded the

issue for a supplemental investigation. See Wachter v. United States

Postal Service, EEOC Appeal No. 01982402 (Oct. 19, 1998).

Upon review of the supplemental investigation, the agency again found

no breach of the settlement agreement. The agency explained that the

manager changed the start times of seven other employees, and that she had

changed carrier start times throughout her career. The agency found that

the manager changed complainant's start time from 7:30 to 8:30 because

complainant requested auxiliary assistance �on a daily basis,� and the

change provided time for complainant's coworkers to help. The agency

noted that complainant was allowed to arrive earlier and submit a change

of schedule for personal reasons, and arrived as late as 8:30 only

twenty-two days. The agency also explained that complainant's start time

changed from 7:30 to 8:30 to 8:00, and then back to the original 7:30.

To the extent that the provision required fair and equitable treatment

regarding complainant's start time, complainant has failed to show

that the agency treated her otherwise. If complainant wished to have

a specific start time, she should have negotiated for such a provision

in the agreement. Accordingly, the agency's finding of no breach is

AFFIRMED.

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 (S0900)

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 (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