01A32104_r
08-07-2003
Barbara Williams, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Barbara Williams v. United States Postal Service
01A32104
August 7, 2003
.
Barbara Williams,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Appeal No. 01A32104
Agency No. 1F-904-0022-02
DECISION
Complainant appeals to the Commission for a determination as to whether
the agency is in breach of a settlement agreement.
On December 18, 2002, the parties resolved complainant's complaint by
entering into a settlement agreement which provided, in pertinent part,
that the agency agreed to take the following action:
(1) [Complainant] will have a revised schedule as follows:
a. Start time 7:30 a.m.
b. Ending time 4:00 p.m.
Management will contact Injury Compensation on making a new job offer
relating to the start and ending time. The off days will remain the same.
The schedule will be accepted upon [Complainant's] signature on the
revised job offer.
(2) [Complainant] will be paid for 3 days of administrative leave.
In its April 28, 2003 response to complainant's breach claims, the agency
stated that it complied with the December 18, 2002 settlement agreement.
Specifically, the agency stated that complainant had not been offered
a revised schedule pursuant to provision (1) because she was unable to
work and was receiving OWCP [Office of Workers Compensation] benefits.
Further, the agency stated that it complied with provision (2) by
initiating the processing for the payment of 3 days of administrative
leave.
On appeal, complainant contends, without elaboration, that the agency
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, 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 O 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).
The Commission notes that provision (1) obligates the agency to offer
complainant a revised schedule after contacting the Injury Compensation
concerning start and ending times. The agency claims that this action
has not been taken because complainant is unable to work. However,
we determine that the current record is unclear regarding complainant's
work status after the execution of the settlement agreement. Moreover,
we determine that the record contains little pertinent information
regarding the agency's compliance with provision (1). Therefore,
we determine that further development of the record is necessary. The
Commission remands this matter to the agency for further processing in
accordance with the Order below.
Provision (2) obligates the agency to pay complainant 3 days of
administrative leave. The record contains a copy of Pay, Leave, or
Other Hours Adjustment Request (PS Form 2240) dated April 25, 2003,
reflecting that the agency initiated the processing for the payment of
3 days of administrative leave, as agreed upon. However, the agency
did not submit any documentation indicating that complainant actually
received the 3 days of administrative leave payment in accordance with
the settlement agreement. Therefore, the Commission determines that
there is insufficient evidence for us to determine whether a breach of
this provision has occurred.
Accordingly, the agency's finding of no breach of provisions (1) and
(2) is VACATED. These matters are REMANDED to the agency for further
processing in accordance with the ORDER below.
ORDER
Within 30 days after the date this decision becomes final, the agency
is ORDERED to take the following action:
1. Conduct a supplemental investigation, including documentation
regarding complainant's work status after the settlement
agreement went into effect, and any other documentation regarding the
agency's obligation to complainant pursuant to provision (1).
2. Regarding provision (2), the agency shall conduct a supplemental
investigation regarding whether the record indicates if and when
complainant received the 3 days of administrative leave payment.
Thereafter, the agency shall issue a new decision concerning whether
it breached provisions (1) and (2) of the December 18, 2002 settlement
agreement.
A copy of the new decision must be sent to the Compliance Officer as
referenced herein.
IMPLEMENTATION OF THE COMMISSION'S DECISION (K0501)
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 complainant. If the agency does not comply with the Commission's
order, the complainant may petition the Commission for enforcement
of the order. 29 C.F.R. � 1614.503(a). The complainant 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. �� 1614.407, 1614.408, and 29 C.F.R. � 1614.503(g).
Alternatively, the complainant 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. �� 1614.407 and 1614.408.
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)
(1994 & Supp. IV 1999). If the complainant files a civil action, the
administrative processing of the complaint, including any petition for
enforcement, will be terminated. See 29 C.F.R. � 1614.409.
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 (R0900)
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 within ninety (90) calendar days from the date
that you receive this decision. 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 (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
August 7, 2003
__________________
Date