01a40687_r
09-13-2004
Thomas J. D'Andrea, Jr., Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Thomas J. D'Andrea, Jr. v. United States Postal Service
01A40687
September 13, 2004
.
Thomas J. D'Andrea, Jr.,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Appeal No. 01A40687
Agency No. 4B-018-0027-00
DECISION
Upon review, the Commission finds that the agency's October 2, 2003
decision not to reinstate complainant's complaint of unlawful employment
discrimination that the parties had settled is proper. See 29 C.F.R. �
1614.504. On February 9, 2000, the parties entered into a settlement
agreement resolving the complaint. The settlement agreement provided,
in pertinent part, that:
The 1/3/00 letter of warning will be reduced to a discussion.
In the future, when [complainant] is absent from work due to his
work-related injury, he will supply written documentation signed by the
treating physician or therapist specifying the work hours in which the
treatment took place. Travel time will be governed by the provisions
of the applicable postal service manuals.
If [complainant] stays home due to his work-related injury, a note
from his doctor stipulating that he could not come to work due to his
work-related injury will be sufficient proof.
By letter dated September 2, 2003, complainant alleged that the agency
breached the settlement agreement. Specifically, complainant indicated
that on August 6, 2003, his supervisor discussed absences, which were
connected to his on-the-job injury, with him and told him that this
could lead to discipline.
The Commission has held that settlement agreements are contracts between
the complainant and the agency and it is the intent of the parties
as expressed in the contract, and not some unexpressed intention, that
controls the contract's construction. Eggleston v. Department of Veterans
Affairs, EEOC Request No. 05900795 (August 23, 1990). In addition, the
Commission generally follows the rule that if a 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 v. Building Engineering Services,
730 F.2d 377 (5th Cir. 1984).
Complainant claimed that the agency breached the settlement agreement when
he received a discussion from his supervisor concerning his attendance.
Complainant, however, has not claimed that he was not allowed to submit
his doctor's note for his absence due to his work-related injury in
accordance with the settlement agreement. Upon review, the Commission
finds that the alleged discussion about complainant's attendance is
beyond the scope of the settlement agreement.
Accordingly, the agency's decision finding no settlement breach 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
September 13, 2004
__________________
Date