Complainant,v.Megan J. Brennan, Postmaster General, United States Postal Service (Southeast Area), Agency.

Equal Employment Opportunity Commission

Feb 20, 2015

0120141751 (E.E.O.C. Feb. 20, 2015)

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013

,
Complainant,

v.

Megan J. Brennan,
Postmaster General,
United States Postal Service
(Southeast Area),
Agency.

Appeal No. 0120141751

Agency No. 4H300002310

DECISION
Complainant filed a timely appeal with this Commission from a final decision (FAD) by the
Agency dated May 16, 2013, 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 Part-Time
Flexible Letter Carrier at the Agency’s Post Office in Lithia Springs, Georgia. Believing that
the Agency subjected her to unlawful discrimination, Complainant contacted an EEO
Counselor to initiate the EEO complaint process. On July 17, 2012, Complainant and the
Agency entered into a settlement agreement to resolve the matter. The settlement agreement
provided, in pertinent part, that:

1. The Postal Service agrees to return Complainant to work at the Lithia Spring [sic] Post
Office as a full-time unassigned regular carrier, the position to which she would have
been converted to [sic] on April 12, 2012. Her initial assignment will be the C-2 route,
with a start time of 9:00 a.m. and an end time of 5:30 p.m. Complainant will be paid
at the salary of a T-7 carrier. Complainant understands and agrees that she will report
to work on July 28, 2012, the beginning of pay period 17. She will receive a uniform
allowance.

2. The Postal Service agrees to provide Complainant back pay with all attendant benefits
(including retirement contributions) and interest from the effective date of her removal
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from the Postal Service on or about December 6, 2009 to her return to work date under
paragraph 1, above, to Lithia Springs . . .

In her March 25, 2013 notice of breach, 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 the Agency failed to pay her a uniform allowance or to
provide her with medical insurance. In its May 16, 2013, FAD, the Agency concluded that it
had not breached the settlement agreement.

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, the Agency contends that it is not in breach of the settlement agreement
because it has undertaken to comply with the settlement terms relating to uniform allowance
and medical insurance while admitting that its performance under the settlement agreement is
not yet complete. We find that the Agency’s position is well taken. The settlement agreement
does not specify a date by which performance is required to be completed. It appears that the
Agency is acting in the normal course of business to provide Complainant with the benefits
stipulated in the settlement agreement. It also appears that some of the delay with respect to
the provision of medical insurance is attributable to Complainant’s inaction. Under these
circumstances, we conclude that the Agency has not breached its obligations under the
settlement agreement.

CONCLUSION
For the foregoing reasons, the Agency’s final decision finding that it has not breached the
settlement agreement is affirmed.

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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.

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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

Date
February 20, 2015