0120140470
02-20-2015
Complainant, v. Megan J. Brennan, Postmaster General, United States Postal Service (Great Lakes Area), Agency.
Complainant,
v.
Megan J. Brennan,
Postmaster General,
United States Postal Service
(Great Lakes Area),
Agency.
Appeal No. 0120140470
Agency No. 1J620000113
DECISION
Complainant filed an appeal with this Commission from the Agency's decision dated September 4, 2013, concerning his complaint of unlawful employment discrimination in violation of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. � 2000e et seq.
BACKGROUND
Complainant was employed as a Building Equipment Mechanic at the Agency's Chicago Metro Surface Hub in Chicago, Illinois.
Complainant was removed from his position with the Agency on September 1, 2012. Thereafter, he filed the instant EEO complaint alleging discrimination on the basis of reprisal when he was removed from his position. The Agency initially dismissed the complaint for failure to contact an EEO counselor in a timely manner. Complainant appealed the dismissal. In Appeal No. 0120131567 ((July 25, 2013), we reversed the Agency and remanded the matter for further processing. On August 1, 2013, the Agency issued an acceptance letter, indicating that it was accepting the claim for processing.
However, on September 4, 2013, the Agency rescinded its acceptance of the claim. The Agency noted that on July 26, 2013, Complainant entered into a settlement agreement before an Arbitrator1 in which he agreed to withdraw his EEO complaint. The instant appeal followed.
ANALYSIS AND FINDINGS
In the instant appeal, Complainant is challenging the Agency's decision to rescind its acceptance of his complaint because he asserts the terms of the agreement did not require him to withdraw his EEO complaint concerning his termination.
According to a sworn statement from an Agency Labor Relations Specialist (Specialist), when settling his arbitration, Complainant indicated that his EEO complaint concerning his termination was identified as complaint number "1-J-620-0009-12." Relying upon the representation of Complainant, that number was used in the settlement agreement. The settlement was handwritten, and reinstated Complainant to his position and provided for "50% of his back pay for the period 9-5-12 to 7-16-13." In return, Complainant agreed to withdraw "the above referenced EEOC claim or charge."
However, the Agency states that it later learned that the correct number for the EEO complaint concerning Complainant's termination was "1-J-620-0001-13." "1-J-620-0009-12" was an earlier complaint that had been closed in November 2012, seven months before the execution of the settlement agreement. The Agency thus found that it was the intention of the parties to settle the EEO complaint (correctly identified as 1-J-620-0001-13) which specifically dealt with Complainant's termination (as did the arbitration being settled), and accordingly, it was withdrawing its acceptance of that complaint for processing.
As noted above, Complainant is challenging the Agency's decision to rescind its acceptance of his complaint. Complainant argues that "[i]nadvertent or not that contract is legal and binding." Complainant also asserts that the Agency is not complying fully with the other terms of the settlement agreement.
After review of the record, we determine that it was the clear intent of the parties to resolve Complainant's EEO complaint (1-J-620-0001-13) concerning his termination in exchange for the promises made by the Agency in the agreement. We agree that it made no sense for the Agency to ask Complainant to withdraw an EEO complaint that was already closed. Complainant's termination was the issue before the Arbitrator, and he received consideration for his agreement to withdraw the related EEO complaint. Complainant does not dispute the Specialist's sworn statement that the agreement was drafted in reliance on Complainant's representation of his EEO complaint number concerning the termination.
To the extent that Complainant alleges that the Agency has not complied with the settlement agreement reached in arbitration, Complainant should raise such matters under the collective bargaining agreement procedures and not in the EEO complaint process.
Accordingly, the Agency's final decision dismissing Complainant's complaint 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
February 20, 2015
__________________
Date
1 The Arbitrator was deciding a grievance Complainant also filed under the collective bargaining agreement challenging the September 2012 removal decision.
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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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