01A32614_r
11-14-2003
Yvonne Zaragoza-Garcia, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Yvonne Zaragoza-Garcia v. United States Postal Service
01A32614
November 14, 2003
.
Yvonne Zaragoza-Garcia,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Appeal No. 01A32614
Agency No. 1-H-336-0051-02
DECISION
Complainant filed an appeal with this Commission in which she claimed
that the agency failed to comply with the terms of a settlement agreement
into which the parties entered on January 22, 2003.
The settlement agreement provided:
[Management official (Person A)] will compose a letter to OWCP [Office
of Workers' Compensation Programs] via [complainant] stating the facts
and dates regarding the sexual harassment case.
[The agency] will pay a lump sum of $650 to [complainant] within 2
pay periods.
By letter to the agency dated February 22, 2003, complainant alleged
that the agency was in breach of term (2) of the settlement agreement,
and requested that the agency reinstate her complaint. Specifically,
complainant alleged that the letter prepared to satisfy term (2) of the
agreement lacked agreed upon language and was not written to the OWCP.
On March 23, 2003, without having received a final determination from
the agency on her breach claim, complainant appealed to the Commission.
The record includes a letter from Person A addressed to the OWCP and dated
February 18, 2003. This letter describes the sexual harassment incident
to which complainant was allegedly subjected, including the dates that the
incident occurred and the individuals involved, and describes the date and
outcome of the investigation of the incident. We note that the settlement
agreement did not specify precise language to be used in describing the
facts and dates of the sexual harassment case. Thus, we find that the
agency has complied with provision 2 of the settlement agreement.
The Commission finds that complainant has failed to show that the agency
did not comply with the January 22, 2003 settlement agreement.
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:
November 14, 2003
______________________________
Carlton M. Hadden, Director
Office of Federal Operations
__________________
Date