01975686
05-20-1999
Rena F. Williams, Appellant, v. William J. Henderson, Postmaster General, United States Postal Service, (Allegheny/Mid-Atlantic Region),) Agency.
Rena F. Williams, )
Appellant, )
)
v. ) Appeal No. 01975686
) Agency Nos. 5-E-0035-91
William J. Henderson, ) 5-E-1053-91
Postmaster General, ) 5-E-1093-91
United States Postal Service, ) 5-E-1339-92
(Allegheny/Mid-Atlantic Region),)
Agency. )
________________________________)
DECISION
On August 19, 1993, appellant and the agency executed a settlement
agreement whereby appellant withdrew the above-referenced four
EEO complaints. In the settlement agreement, the agency stated that
appellant would not be subjected to discrimination or reprisal and that
she would be evaluated solely on merit with respect to evaluations,
training and promotional opportunities. While the settlement agreement
stated that if the agency violated the agreement, appellant could request
reinstatement of the withdrawn complaints, it also noted that �any dispute
concerning future discipline, future step increases, nature of future
work assignments and any other term or condition of [her] employment not
expressly determined by this [agreement] are new and independent matters
which may only be addressed through the usual channel of administrative,
collective bargaining, or judicial redress and not through an action to
enforce� the agreement.
In her instant appeal, appellant asserts that she has not been
given opportunities for growth and job enhancement or developmental
opportunities. She cites certain agency actions which occurred in 1993.
She also refers to her nonselection for a position in 1996. See Williams
v. United States Postal Service, EEOC Appeal No. 01983177 (____________,
1999). She says that agency officials have not responded to her request
to reopen her prior complaints.
EEOC Regulation 29 C.F.R. �1614.504 provides that if a complainant
believes that the agency has failed to comply with the terms of
a settlement agreement, he or she may request that the terms of
the agreement be specifically implemented, or, alternatively, that
the complaint be reinstated for further processing. However, the
Commission has held that a complaint which alleges reprisal or further
discrimination in violation of a settlement agreement's "no reprisal" or
�no discrimination� clause, is to be processed as a separate complaint and
not as a breach of settlement. Bindal v. Department of Veterans Affairs,
EEOC Request No. 05900225 (August 9, 1990); 29 C.F.R. �1614.504(c).
Accordingly, appellant is not entitled to reinstatement of her prior
complaints. Appellant is advised to seek EEO counseling and file a
new EEO complaint (as she did with respect to her nonselection in 1996)
if she believes that she has been subjected to discrimination or reprisal.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0795)
The Commission may, in its discretion, reconsider the decision in this
case if the appellant or the agency submits a written request containing
arguments or evidence which tend to establish that:
1. New and material evidence is available that was not readily available
when the previous decision was issued; or
2. The previous decision involved an erroneous interpretation of law,
regulation or material fact, or misapplication of established policy; or
3. The decision is of such exceptional nature as to have substantial
precedential implications.
Requests to reconsider, with supporting arguments or evidence, MUST
BE FILED WITHIN THIRTY (30) CALENDAR DAYS of the date you receive this
decision, or WITHIN TWENTY (20) CALENDAR DAYS of the date you receive
a timely request to reconsider filed by another party. Any argument in
opposition to the request to reconsider or cross request to reconsider
MUST be submitted to the Commission and to the requesting party
WITHIN TWENTY (20) CALENDAR DAYS of the date you receive the request
to reconsider. See 29 C.F.R. �1614.407. All requests and arguments
must bear proof of postmark and 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 filed on the date it is received
by the Commission.
Failure to file within the time period will result in dismissal of your
request for reconsideration as untimely. If extenuating circumstances
have prevented the timely filing of a request for reconsideration,
a written statement setting forth the circumstances which caused the
delay and 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. �l6l4.604(c).
RIGHT TO FILE A CIVIL ACTION (S0993)
It is the position of the Commission that 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.
You should be aware, however, that courts in some jurisdictions have
interpreted the Civil Rights Act of 1991 in a manner suggesting that
a civil action must be filed WITHIN THIRTY (30) CALENDAR DAYS from the
date that you receive this decision. To ensure that your civil action
is considered timely, you are advised to file it WITHIN THIRTY (30)
CALENDAR DAYS from the date that you receive this decision or to consult
an attorney concerning the applicable time period in the jurisdiction
in which your action would be filed. 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 (Z1092)
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:
May 20, 1999
DATE Carlton M. Hadden, Acting Director
Office of Federal Operations