Virginia M. Flores, Complainant,v.John E. Potter, Postmaster General, United States Postal Service, Agency.

Equal Employment Opportunity CommissionJul 17, 2001
01A13153_r (E.E.O.C. Jul. 17, 2001)

01A13153_r

07-17-2001

Virginia M. Flores, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.


Virginia M. Flores v. United States Postal Service

01A13153

July 17, 2001

.

Virginia M. Flores,

Complainant,

v.

John E. Potter,

Postmaster General,

United States Postal Service,

Agency.

Appeal No. 01A13153

Agency No. 1F-937-0051-00

DECISION

Complainant filed a timely appeal with this Commission from a final

decision (FAD) by the agency dated March 14, 2001, finding that it

was in compliance with the terms of the December 6, 2000 settlement

agreement into which the parties entered. See 29 C.F.R. 1614.402;

29 C.F.R. 1614.504(b); and 29 C.F.R. 1614.405.

The settlement agreement provided, in pertinent part, that:

�I agree to settle for 2 days of annual leave at management and employees

agreed upon date.�

By letter to the agency dated February 26, 2001, complainant alleged

that the agency breached the settlement agreement, and requested that

the agency reinstate the processing of her discrimination complaint

where processing ceased. Specifically, complainant alleged that she was

instructed to put down �Annual Leave� instead of �Administrative Leave�

in the agreement.

In its March 14, 2001 FAD, the agency argues that the December 6, 2000

settlement agreement states that complainant agreed to settle for two

days of annual leave. The agency further argues that there is no mention

of administrative leave in the agreement.<1>

On appeal, complainant's representative states �It is believed that since

we did not meet in a good faith dispute resolution meeting, we did have

to write the words �annual leave� instead of administrative leave on the

agreement, and that annual leave was not the agreed upon solution (and

common sense would dictate that), that this appeal should be sustained

and sent back to EEO processing, or an attempt to made to resolve the

matter professionally and not underhandedly.�

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 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).

Upon review of the documents in the record submitted by agency and

complainant, the Commission determines that the agency did not breach

the December 6, 2000 settlement agreement. There is no provision in the

subject settlement agreement that dictates that complainant agreed to

settle for two (2) days of administrative leave. Moreover, the record in

devoid of any evidence reflecting that complainant was somehow coerced

into agreeing that the settlement agreement should make reference to

annual leave, instead of to administrative leave.

Accordingly, the agency's decision finding no settlement breach is

AFFIRMED.

STATEMENT OF RIGHTS - ON APPEAL

RECONSIDERATION (M701)

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

July 17, 2001

__________________

Date

CERTIFICATE OF MAILING

For timeliness purposes, the Commission will presume that this decision

was received within five (5) calendar days after it was mailed. I certify

that this decision was mailed to complainant, complainant's representative

(if applicable), and the agency on:

__________________

Date

______________________________

1The agency also notes, and the record reflects, that complainant was

approved one day of annual leave pursuant to the settlement agreement,

on January 16, 2001.