01A22461_r
06-27-2002
Reynaldo S. Gaor, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Reynaldo S. Gaor v. United States Postal Service
01A22461
June 27, 2002
.
Reynaldo S. Gaor,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Appeal No. 01A22461
Agency No. 1F-901-0134-01
DECISION
Complainant filed a timely appeal with this Commission from the agency's
decision dated March 5, 2002, finding no breach of an October 1, 2001
settlement agreement. The Commission hereby accepts the appeal in
accordance with EEOC Regulation 29 C.F.R. � 1614.504(b).
The settlement agreement provided the following:
"[Complainant's supervisor] agrees to rescind the Restricted Sick Leave
(RSL) Notice issued on 6/13/01; [Complainant's supervisor] shall cease
harassment and intimidation, threats and retaliation against [complainant]
for filing EEO. [Complainant's supervisor] shall stop abusive management
style and if he does another complaint will be filed."
The record indicates that on November 1, 2001 and January 7, 2002,
complainant completed EEO informal counseling forms in which he alleged
that the agency breached the October 1, 2001 settlement. Specifically,
complainant alleged that his supervisor continues to engage in reprisal
against him in the form of on-going harassment and intimidation,
including but not limited to denying his leave requests and assigning
him work without formal training. Complainant alleges also that the
agency's conduct was in retaliation for his filing an EEO complaint.
EEOC Regulation 29 C.F.R. � 1614.504(b) provides that if a complainant
believes that the agency has failed to comply with the terms of a
settlement agreement, he 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
claims contending that subsequent acts of discrimination or harassment
violate a settlement agreement shall be processed as separate complaints
rather than as a claim of breach. See generally Holley v. Department of
Veterans Affairs, EEOC Request No. 05950842 (November 13, 1997). Here,
we find that complainant is raising new claims of reprisal regarding
incidents occurring subsequent to the settlement agreement. Therefore,
under EEOC Regulation 29 C.F.R. � 1614.504(c), we find that these claims
must be processed as new claims of discrimination. We note that the
record contains a copy of a letter of acknowledgment dated April 15,
2002, indicating that complainant's new allegations were accepted for
investigation in Agency Case No. 1F-901-0014-02.
Accordingly, the agency's finding of no breach of the settlement agreement
is AFFIRMED for the reasons set forth herein.
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
June 27, 2002
__________________
Date