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