Myrna E. Cortes, Complainant,v.John E. Potter, Postmaster General, United States Postal Service, Agency.

Equal Employment Opportunity CommissionNov 7, 2001
01A02455_r (E.E.O.C. Nov. 7, 2001)

01A02455_r

11-07-2001

Myrna E. Cortes, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.


Myrna E. Cortes v. United States Postal Service

01A02455

November 7, 2001

.

Myrna E. Cortes,

Complainant,

v.

John E. Potter,

Postmaster General,

United States Postal Service,

Agency.

Appeal No. 01A02455

Agency No. 4B-060-1215-96

DECISION

Complainant filed a timely appeal with the Commission from the agency's

December 14, 1999 decision finding that the agency was in compliance with

the terms of the settlement agreement to which the parties entered into on

February 18, 1998. The settlement agreement provided, in pertinent part,

that complainant will have her seniority restored to reflect the date of

May 25, 1996, and will include all rights and benefits associated with

this action. By letter dated October 13, 1999, complainant informed the

agency that it failed to implement the terms of the settlement agreement.

Complainant claimed that the agency did not restore her seniority and

benefits to reflect the date of May 25, 1996. By letter dated December

14, 1999, the agency determined that it had not breached the settlement

agreement.

The Commission has consistently held that settlement agreements are

contracts between complainant and the agency, and it is the intent of the

parties as expressed in the contract, not some unexpressed intention,

that controls the contract's construction. Eggleston v. Department

of Veterans Affairs, EEOC Request No. 05900795 (August 23, 1990).

In ascertaining the intent of the parties with regard to the terms of a

settlement agreement, the Commission has generally relied on the plain

meaning rule. See Hyon v. United States Postal Service, EEOC Request

No. 05910787 (December 2, 1991). This rule states that if the 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 Co. v. Building

Eng'g Servs. Co., 730 F.2d 377, 381 (5th Cir. 1984).

Complainant's letter dated October 13, 1999, stated that the agency

informed her that most of the rights and benefits could not be restored

because to do so would either violate the union contract or department

policy. Complainant did not explain which particular rights and benefits

the agency has failed to provided. A Notification of Personnel Action

effective April 13, 1998, restored complainant's seniority and benefits

including sick leave, retirement, and annual leave, to May 25, 1996.

Therefore, we find that complainant has failed to shown how the agency

breached the settlement agreement. Accordingly, the agency's finding that

it did not breach the February 18, 1998 settlement agreement is AFFIRMED.

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 (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

November 7, 2001

__________________

Date