01976604
11-16-1998
Wayne Cheepo, Appellant, v. William J. Henderson, Postmaster General, United States Postal Service, Agency.
Wayne Cheepo v. United States Postal Service
01976604
November 16, 1998
Wayne Cheepo, )
Appellant, )
)
v. ) Appeal No. 01976604
) Agency No. 1F-924-1005-96
William J. Henderson, )
Postmaster General, )
United States Postal Service, )
Agency. )
_________________________________)
DECISION
Appellant filed an appeal with the Commission from the agency's July
14, 1997 decision finding that the agency did not breach a settlement
agreement entered into on December 6, 1996. The settlement agreement
provided that appellant withdrew her EEO complaint based on the
stipulations that:
(1.) Both parties subscribe to the principles stated in "Violence and
Behavior in the Workplace" and commit to abide by them. (2.) All parties
agree that every employee has the rightful expectancy to be treated
with dignity, respect and courtesy at all times. (3.) It is also agreed
that every employee has the right to be treated with essential equality
in same or similar circumstances when there is equality of status.
(4.) In particular, all parties agree to be more sensitive to the needs
of each other, and endeavor to build more positive work relationships
based on the principles stated in numbers 1, 2, and 3 above.
Appellant subsequently informed the agency that it had breached the
settlement agreement. The agency issued a decision finding that it had
not breached the settlement agreement.
EEOC Regulation 29 C.F.R. �1614.504(a) provides that any settlement
agreement knowingly and voluntarily agreed to by the parties shall be
binding on both parties. That section further provides that if the
complainant believes that the agency has failed to comply with the terms
of a settlement agreement, the complainant shall notify the Director
of Equal Employment Opportunity of the alleged noncompliance with the
settlement agreement. 29 C.F.R. �1614.504(a). The complainant may
request that the terms of the settlement agreement be specifically
implemented or request that the complaint be reinstated for further
processing from the point processing ceased. Id.
Settlement agreements are contracts between the appellant 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
(Aug. 23, 1990); In re Chicago & E.I. Ry. Co., 94 F.2d 296 (7th Cir.
1938). In reviewing settlement agreements to determine if there is a
breach, the Commission is often required to ascertain the intent of the
parties and will generally rely on the plain meaning rule. Wong v. United
States Postal Service, EEOC Request No. 05931097 (Apr. 29, 1994) (citing
Hyon v. United States Postal Service, EEOC Request No. 05910787 (Dec. 2,
1991)). This rule states that if the writing appears to be plain and
unambiguous on its face, then its meaning must be determined from the
four corners of the instrument without any resort to extrinsic evidence
of any nature. Id. (citing Montgomery Elevator v. Building Engineering
Service, 730 F.2d 377 (5th Cir. 1984)).
The Commission finds that the instant settlement agreement is not a
binding settlement agreement because appellant received no consideration
in the settlement agreement. The Commission has stated the following
concerning the issue of consideration:
Generally the adequacy or fairness of the consideration in a settlement
agreement is not at issue, as long some legal detriment is incurred
as part of the bargain. When, however, one of the contracting parties
incurs no legal detriment, the settlement agreement will be set aside
for lack of consideration.
Juhola v. Department of the Army, EEOC Appeal No. 01934032 (June 30,
1994) (citing Terracina v. Department of Health and Human Services,
EEOC Request No. 05910888) (Mar. 11, 1992)).
The "stipulations" provided for in the settlement agreement are either
terms, conditions, and/or privileges of employment that the agency
was already required to provide to appellant and/or are too vague and
generalized to allow a determination as to whether the agency complied
with such provisions. Therefore, we find that appellant received no
consideration for withdrawing his EEO complaint. The Commission sets
aside the settlement agreement for lack of consideration and we shall
remand the matter so that the agency may reinstate the settled matter
from the point processing ceased.
The agency's determination that it did not breach the settlement agreement
is VACATED and we REMAND the purportedly settled EEO matter to the agency
for further processing in accordance with this decision and applicable
regulations.
ORDER
Within 30 days of the date this decision becomes final the agency
shall reinstate the settled matter from the point processing ceased and
thereafter process the matter in accordance with Part 1614 Regulations.
Within 30 days of the date this decision becomes final, the agency
shall notify appellant in writing that it has reinstated the settled
matter and will process the matter in accordance with EEOC Regulations.
A copy of the letter notifying appellant of the reinstatement of his EEO
matter must be submitted to the Compliance Officer, as referenced herein.
IMPLEMENTATION OF THE COMMISSION'S DECISION (K0595)
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 appellant. If the agency does not comply with the Commission's
order, the appellant may petition the Commission for enforcement of
the order. 29 C.F.R. �1614.503 (a). The appellant 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. �� 1614.408, 1614.409, and 1614.503 (g). Alternatively,
the appellant 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. �� 1614.408 and 1614.409. 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) (Supp. V 1993). If the
appellant files a civil action, the administrative processing of the
complaint, including any petition for enforcement, will be terminated.
See 29 C.F.R. �1614.410.
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 (R0993)
This is a decision requiring the agency to continue its administrative
processing of your complaint. However, if you wish to file a civil
action, you have the right to file such action in an appropriate United
States District Court. 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. 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 filed your
appeal with the Commission. 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.
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:
November 16, 1998
DATE Ronnie Blumenthal, Director
Office of Federal Operations