01992067
02-08-2001
Martha Casablanca, Complainant, v. William J. Henderson, Postmaster General, United States Postal Service, Agency.
Martha Casablanca v. United States Postal Service
01992067
February 8, 2001
.
Martha Casablanca,
Complainant,
v.
William J. Henderson,
Postmaster General,
United States Postal Service,
Agency.
Appeal No. 01992067
Agency Nos. 1-F-946-1026-95
1-F-946-1033-96
1-F-946-1047-96
DECISION
Complainant settled her EEO complaints by agreement signed July 6, 1998.
On November 14, 1998, complainant claimed that the agency breached the
settlement agreement. On December 16, 1998, the agency found no breach.
Specifically, the agency noted that complainant already received a check
for compensatory damages, and that the paperwork for complainant's
back pay had been forwarded to the Minneapolis accounting office.
Complainant appealed.
The settlement agreement provided, in relevant part:
The Agency agrees to pay the complainant two years of back pay for the
period of June 11, 1996 to June 12, 1998, plus interest, with regular and
normal deductions, plus normal attendant job benefits for that period.
With respect to compensatory damages, the Agency has agreed to compensate
the Complainant with a lump sum in the amount of . . . $10,000.00,
with taxes to be the sole responsibility of the Complainant.
On appeal, complainant, through her attorney, admits receipt of the
check for compensatory damages, but contends that she has not received
the back pay with interest nor leave/benefit reimbursement. Complainant
claims that the accounting office had no record of a request to process
complainant's back pay award. The record includes a copy of the paperwork
allegedly sent to the accounting office to process complainant's back pay,
signed and dated August 13, 1998.
In the absence of explicit time frames, the terms of a settlement
agreement must be fulfilled within a reasonable time. See Garrison
v. Department of Treasury, EEOC Request No. 05950867 (Apr. 24, 1997)
(citing Gomez v. Department of the Treasury, EEOC Request No. 05930921
(Feb. 10, 1994)). The record reveals that the agency had not
paid complainant back pay some six months after agreeing to do so.
Although the record shows that the agency completed the paperwork
necessary for payment prior to complainant's claim of breach, neither
party has supplemented the record to indicate whether or when the back
pay and benefits were provided. Given the elapsed time without further
information, the Commission is unable to determine whether the agency
complied with the settlement within a reasonable time. On remand,
the agency must supplement the record with this information.
CONCLUSION
Accordingly, the agency's finding of no breach is VACATED, and the claim
is REMANDED for further processing.
ORDER
Within 30 days after the date this decision becomes final the agency
shall:
Supplement the record with evidence showing when complainant received
back pay with interest, as well as benefits, pursuant to the settlement
agreement.
Issue a new decision concerning whether it breached the July 6, 1998
settlement agreement.
A copy of the new decision must be sent to complainant, her attorney,
and the Compliance Officer as referenced herein.
IMPLEMENTATION OF THE COMMISSION'S DECISION (K0900)
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)(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 29 C.F.R. � 1614.409.
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
(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 8, 2001
__________________
Date