0120111023
05-10-2011
Alfredo Lasso, Complainant, v. Patrick R. Donahoe, Postmaster General, United States Postal Service, (New York Metro Area), Agency.
Alfredo Lasso,
Complainant,
v.
Patrick R. Donahoe,
Postmaster General,
United States Postal Service,
(New York Metro Area),
Agency.
Appeal No. 0120111023
Agency No. 4A070005408
DECISION
Complainant filed a timely appeal with this Commission from a letter by
the Agency dated October 20, 2010, finding that it was in compliance with
the terms of the 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.
BACKGROUND
At the time of events giving rise to this complaint, Complainant worked
as a Rural Carrier at the Agency’s facility in Chester, New Jersey.
Believing that the Agency subjected him to unlawful discrimination,
Complainant contacted an Agency EEO Counselor to initiate the EEO
complaint process. On February 19, 2008, Complainant and the Agency
entered into a settlement agreement to resolve the matter. The settlement
agreement provided, in pertinent part, that:
(1) [Complainant’s] case for Route 9 will be moved to the case
closest to the door effective February 19, 2008.
On September 22, 2010, Complainant alleged that the Agency was in breach
of the settlement agreement, and requested that the Agency specifically
implement its terms. Specifically, Complainant alleged that “On
September 21, 2010, the route 9 case was dumped in a tight and safety
hazard area.”
In its October 20, 2010 letter, the Agency concluded that it had
not breached the agreement. The Agency noted that the Postmaster (P)
averred that “I recently moved the entire office around for operational
efficiency and a safety issue in which carriers were tripping over
RD3 mail. [Complainant’s] case was moved approximately 180 degrees.
He is in the same location but just facing the opposite way.” On
appeal, Complainant disagrees with P’s claim that case 9 is still in
the same location but facing the opposite way, and that P’s office
moves resulted in increased safety and efficiency. The Agency requests
that we affirm its letter.
ANALYSIS
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. Dep’t of Def., 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. Dep’t 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. U.S. Postal Serv.,
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 instant case, we find that the Agency has not breached the
settlement agreement. Complainant does not dispute that the Agency moved
case 9 to the case closest to the door for approximately two-and-a-half
years. Complainant essentially asserts that this arrangement should
last indefinitely. However, the Commission has held that in the absence
of a specific time frame in a settlement agreement, it is interpreted
to be for a reasonable amount of time. Parker v. Department of Defense
(Defense Logistics Agency), EEOC Request No. 05910576 (August 29, 1991)
(agreement that did not specify length of service for position to which
complainant was promoted was not breached by the temporary detail of
complainant two years after the execution of the settlement agreement);
Gomez v. Department of the Treasury, EEOC Request No. 05930921 (February
10, 1994) (in absence of specified time frames for performance, the
Commission expects that the terms of a settlement agreement will be
implemented within a reasonable period of time). Given that case 9 was
moved closest to the door for over two years, we find that the Agency
has substantially complied with the agreement and we AFFIRM the Decision.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0610)
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), at 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
77960, Washington, DC 20013. 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 (S0610)
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 (Z0610)
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 from the Court that
the Court appoint an attorney to represent you and that the Court also
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 with
the Court 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
May 10, 2011
__________________
Date
2
0120111023
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
2
0120111023