0120150017
03-12-2015
Complainant, v. Megan J. Brennan, Postmaster General, United States Postal Service (Northeast Area), Agency.
Complainant,
v.
Megan J. Brennan,
Postmaster General,
United States Postal Service
(Northeast Area),
Agency.
Appeal No. 0120150017
Agency No. 4B020002712
DECISION
Complainant filed a timely appeal with this Commission from a final decision (FAD) by the Agency dated August 29, 2014, 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 Customer Services Clerk at the Agency's Garden City Office facility in Cranston, Rhode Island.
Believing that the Agency subjected her to unlawful discrimination, Complainant contacted an Agency EEO Counselor to initiate the EEO complaint process. On November 27, 2013, Complainant and the Agency entered into a settlement agreement (Agreement) to resolve the matter. The Agreement provided, in pertinent part, that:
(6) The Agency also agrees to assign, and Complainant agrees to accept as a voluntary downgrade to the Clerk Craft, the vacancy of Job #95414224, Level PS-06 Sales, Services, and Window Distribution Associate at the Garden City Branch of the Providence, RI Post Office with a schedule of 3:45 a.m. to 12:15 p.m. with Sundays and Thursdays as non-scheduled days. Complainant's permanent placement in the position is subject to the rules, regulations, and requirements to which all Sales, Services, and Window Distribution Associates are subject.
By letter to the Agency dated August 1, 2014, Complainant alleged that the Agency was in breach of the Agreement, and requested that the Agency specifically implement its terms. Specifically, Complainant alleged that she was assigned to an Unassigned Regular position with a temporary schedule from 10:30 am to 7:00 pm.
In its August 29, 2014 FAD, the Agency concluded it was not in breach of the Agreement. The Agency found that under the terms of the Agreement, Complainant's assignment to the Sales, Services, and Window Distribution Associate Clerk position was "subject to the rules, regulations and requirements to which all Sales, Services, and Window Distribution Associates are subject" and under those requirements, Complainant failed to meet the required training for the position.
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 Complainant has not met her burden of establishing that the Agency breached the Agreement. Complainant does not deny that the Agreement stated that her assignment to the position would be subject to the rules, regulations and requirements to which all others were subject to, nor does she deny that she failed to meet those requirements. Instead, Complainant alleges that Agency Officials hampered her ability to be fully trained for the position. Specifically, Complainant contends that she "was not given the chance to complete the training. In fact, on several occasions, [Complainant] presented herself for 'Scheme Training,' and found no one available to handle or process her training, causing her expense, frustration and impacting on her ability to do her job." Complainant, however, has provided no evidence to support such a contention.1
CONCLUSION
Complainant has not met her burden of establishing, by a preponderance of the evidence, that the Agency breached the Agreement. Accordingly, we AFFIRM the FAD.
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
March 12, 2015
__________________
Date
1 To the extent Complainant wishes to raise the issue of the training she received as a new claim (complaint) of discrimination or retaliation, she should contact an Agency EEO counselor as soon as possible.
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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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