0120151083
05-21-2015
Complainant, v. Megan J. Brennan, Postmaster General, United States Postal Service (Capital Metro Area), Agency.
Complainant,
v.
Megan J. Brennan,
Postmaster General,
United States Postal Service
(Capital Metro Area),
Agency.
Appeal No. 0120151083
Agency No. 1K-291-0009-11
DECISION
Complainant filed a timely appeal with this Commission from a final decision by the Agency dated January 6, 2015, finding that it was in compliance with the terms of an October 20, 2011 settlement agreement. See 29 C.F.R. � 1614.402; 29 C.F.R. � 1614.504(b); and 29 C.F.R. � 1614.405.
BACKGROUND
On October 20, 2011, Complainant and the Agency entered into a settlement agreement to resolve a matter which had been pursued through the EEO complaint process. The settlement agreement provided, in pertinent part, that:
2. The USPS further agrees that [Complainant] will not be supervised by [a named Agency official].1
By letter to the Agency dated December 24, 2014, Complainant alleged that Agency management breached provision 2 when, beginning on December 13, 2014, she was placed under the supervision of the named Agency official. Complainant stated after she notified the Senior Manager Distribution Operations about the instant agreement, she continued to be supervised by the Agency official.
In its January 6, 2015 final decision, the Agency found no breach. The Agency found that the Senior Manager, Distribution Operations (Senior Manager) stated that after he was made aware of the instant settlement agreement, he took steps to ensure that Complainant was not supervised by the named Agency Official. The Senior Manager stated that while the Agency Official was placed in the 010 operation, she was directed not to supervise or interact with Complainant.
The instant appeal followed.
ANALYSIS AND FINDINGS
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 complied with the terms of the settlement agreement. Provision 2 of the agreement provides for an affirmative Agency obligation to assure that Complainant would not be supervised by the Agency official.
The record contains a copy of the Senior Manager's affidavit dated December 31, 2014. Therein, the Senior Manager stated that during the relevant period Complainant "was not placed under the supervision of [Agency official]. [Agency official] was placed in the 010 operation to manage the section and all employees but [Complainant]. [Agency official] did not and has not until this current date of 12-31-14 given [Complainant] any direction nor interacted with [Complainant] in anyway. [Agency official] was not even given the liberty of doing any administrative work in regards to [Complainant]."
Further, the Senior Manager stated that after Complainant made him aware of the instant agreement, he "made [Complainant] aware I was going to contact my manager and HR manager regarding this settlement. I also made her aware [that Agency official] will not supervise or give her instructions. When asked has [Agency official] given her instructions or directions as of said date [Complainant] indicated no."
Accordingly, the Agency's determination that it was not in breach of provision 2 of the October 20, 2011 settlement agreement is AFFIRMED.
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 21, 2015
__________________
Date
1 The settlement agreement also provides for the Agency to restore eleven hours of annual leave to Complainant by converting the last eleven hours of annual leave which she used to Administrative Leave. This provision is not at issue in the instant case.
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U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
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