01a45942
09-19-2005
Richard T. Goods, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Richard T. Goods v. United States Postal Service
01A45942
September 19, 2005
.
Richard T. Goods,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Appeal No. 01A45942
Agency No. 4F-900-0112-02
DECISION
Complainant filed a timely appeal with this Commission from a final
decision by the agency dated July 29, 2004, finding that it was in
compliance with the terms of the June 7, 2002 settlement agreement into
which the parties entered.
The settlement agreement provided, in pertinent part, that:
(a) [Complainant] will be allowed a one-time reassignment to NW area.
(b) [Complainant] will request upward mobility with a 991 attached from
each [Customer Service Operations] CSO.
(c) [Person A] will instruct CSO to meet with [complainant] and provide
him with equal opportunity for upward mobility.
(d) CSOs will identify available opportunities for upward mobility and
areas for improvement.
CSOs will provide feedback as to reasons why [complainant] is not
selected upon written request.
By letter to the agency dated February 25, 2004, complainant alleged
that the agency was in breach of the settlement agreement, and requested
that the agency specifically implement its terms. Complainant alleged
that the only part of the agreement that has been kept is provision (b).
He notes that he has sent the letters and 991s specified in provision
(b), but has not met with anyone as stated in the agreement.
In its July 29, 2004 decision, the agency concluded that the agreement was
not breached. The agency stated that Person A had a meeting in June 2002,
with the CSOs and requested they afford complainant detail opportunities
whenever possible. The agency noted that complainant was detailed to
Acting Manager, Customer Service for ten months at Sunset Station and
then for an unspecified time at West Adams Station. The agency also
noted that complainant spent two months at Wagner Station and then was
sent to Market Station.
EEOC Regulation 29 C.F.R. � 1614.504(a) provides that any settlement
agreement knowingly and voluntarily agreed to by the parties, reached at
any stage of the complaint process, shall be binding on both parties.
The Commission has held that a settlement agreement constitutes a
contract between the employee and the agency, to which ordinary rules
of contract construction apply. See Herrington v. Department of Defense,
EEOC Request No. 05960032 (December 9, 1996). The Commission has further
held that 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 O 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 (5th Cir. 1984).
In the present case, we are unable to determine whether the agency has
complied with provision (a) of the subject settlement agreement. We note
provision (a) provides complainant will be allowed a one-time reassignment
to the Northwest area. We note that although the agency showed that
complainant was given detail opportunities to serve as Acting Manager,
Customer Services in Sunset Station, West Adams Station, Wagner Station
and Market Station, the agency failed to address whether complainant was
provided the reassignment to the Northwest area specified in provision
(a). With regard to provision (c), complainant has alleged that he has
not met with anyone regarding the agreement. The record contains a July
13, 2004 letter from the Manager, Labor Relations in which it states
that in June 2002, Person B, CSO, met with complainant and informed
him that at the time there were not any opportunities; however, Person
B agreed to send complainant to Bicentennial Station as a SCS and if
complainant did a good job, he would be allowed to be a replacement
Manager, Customer Services in Person B's area. On appeal, complainant
does not dispute the agency's characterization of the June 2002 meeting
with Person B. We find complainant has not shown that provisions (c),
(d), or (e) were breached by the agency.
Accordingly, the agency's decision that it complied with provision (a)
is VACATED and is REMANDED for further action in accordance with the
Order below. Additionally, the agency's decision that it complied with
provisions (c), (d), and (e) is AFFIRMED.
ORDER
The agency shall take the following actions:
The agency shall supplement the record with evidence indicating whether it
has complied with provision (a), including documentation of its efforts
to reassign complainant to the Northwest Area.
Within 30 days of the date this decision becomes final, the agency shall
issue a decision determining whether the agency breached provision (a)
of the settlement agreement. A copy of the agency's decision must be
sent to the Compliance Officer referenced herein.
IMPLEMENTATION OF THE COMMISSION'S DECISION (K0501)
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)
(1994 & Supp. IV 1999). 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 (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 (T0900)
This decision affirms the agency's final decision/action in part, but it
also requires the agency to continue its administrative processing of a
portion of your complaint. 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 on both that portion
of your complaint which the Commission has affirmed and that portion
of the complaint which has been remanded for continued administrative
processing. 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 your appeal with the Commission, until
such time as the agency issues its final decision on your complaint.
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
September 19, 2005
__________________
Date