0120142436
12-18-2014
Complainant, v. Patrick R. Donahoe, Postmaster General, United States Postal Service (Western Area), Agency.
Complainant,
v.
Patrick R. Donahoe,
Postmaster General,
United States Postal Service
(Western Area),
Agency.
Appeal No. 0120142436
Agency No. 4E-640-0007-14
DECISION
Complainant filed a timely appeal with this Commission from a final decision (FAD) by the Agency dated May 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. We accept the appeal pursuant to 29 C.F.R. � 1614.405(a).
BACKGROUND
At the time of events giving rise to this complaint, Complainant worked as a Carrier at the Agency's Hodge Park Carrier Annex facility in Kansas City, Missouri.
On December 5, 2013, Complainant and the Agency entered into a settlement agreement to resolve an EEO matter. The settlement agreement provided, in pertinent part, that:
(1) In January a 3499 will be done on [Complainant's] route #1922, so the expectations are realistic for his time.
(2) [Named Manager H] will keep an eye on [Complainant's] situation:
- telling [Supervisor A & Supervisor S] to call only to check on [Complainant's] ETA;
- work with [Complainant] on when to help others with their routes;
- if [Complainant] becomes uncomfortable with [Supervisor A or Supervisor S's] communication with him, he will report it to [Manager H].
(3) Complainant and [Manager H] to talk to each other by Jan. 15, 2014, to see how things are going.
(4) [Manager H] is attending to the overtime eligibility list to assure it is equitable for [Complainant]. [Complainant and Manager H] will check on [Complainant's] satisfaction with overtime equity in their conversation to be held by Jan. 15, 2014.
Provision 1 - Route inspection
Manager H acknowledged that he did not do a 3999 route inspection in January. The record shows that Manager H was reassigned from the Hodge Park station as of January 17, 2014. Manager H stated that the new Manager, Customer Services inspected the route on March 26, 2014. Complainant asserts that he never received a copy of the 3999 that was done and that no adjustment to his route has been made to alleviate the burden.
Provision 2 - Monitor the situation
Manager H said that he spoke with both supervisors, but he did not do a follow-up with Complainant about the conversation. The record does not contain any documentation showing that the conversation took place. Complainant states that it was up to management to give him the time to meet.
Provision 3 - Conversation by January 15, 2014
Manager H acknowledged that he did not conduct a follow-up meeting because he contends that Complainant did not inform him that he was having any problems. He said that after he learned that Complainant was interested in meeting with him, he "did so on March 5, 2014."
Provision 4 - Equitable overtime eligibility to Complainant's satisfaction
Manager H stated that the Overtime Equitability List was posted daily from the date of the settlement until he left Hodge Park on January 17, 2014. Manager H conceded that "it was difficult to keep the overtime equitable" and blamed Complainant for the difficulty. Complainant maintains that the daily report confirms that "there was an issue with the overtime equity."
By letter to the Agency dated February 10, 2014, Complainant alleged that the Agency was in breach of the settlement agreement, and requested that his EEO complaint be reinstated and investigated. Specifically, Complainant alleged that nothing was done to implement the agreement from the date of the agreement during the five week period prior to Manager H's reassignment or thereafter.
In its May 29, 2014 FAD, the Agency concluded that the settlement breach has been cured. The Agency stated, "while some items were completed outside of the originally agreed timeframe, the information revealed that management fulfilled the terms of the agreement." The Agency referenced the affidavit from the Manager in support of its determination finding no breach.
The instant appeal followed.
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).
We find the Agreement was valid and binding.
In this case, the Agency acknowledges that it did not comply with the terms of the agreement within the timeframes mentioned.
Further, we find that the Agency has not met its burden of showing that the 3999 route inspection, follow-up, or monitoring of the Overtime Equitability List was consistent with the terms of the Agreement. The record before us supports Complainant's breach claim. Therefore, we find that the Agency failed to show that it complied with the agreement.
Where this Commission finds that the settlement agreement has been breached, the only two remedies available are specific performance of the terms of the Agreement or reinstatement of the underlying EEO complaint at the point processing ceased. See 29 C.F.R. � 1614.504 (c). Complainant requested in his statement on appeal that he was seeking reinstatement of his complaint. Generally, in order to reinstate the complaint, Complainant must return any monetary benefits received pursuant to the agreement. In this case, the agreement did not provide any monetary benefits. We therefore give Complainant his requested remedy, in accordance with the ORDER below.
CONCLUSION
We find that the Agency breached the Agreement. Accordingly, we REVERSE the Agency's Breach Decision and REMAND the matter in accordance with the ORDER below.
ORDER
Within thirty (30) calendar days of the date this decision becomes final, the Agency shall resume processing the EEO complaint from the point processing ceased. The Agency is ordered to process the remanded claims in accordance with 29 C.F.R. � 1614.108 et seq. The Agency shall acknowledge to the Complainant that it has received the remanded claims within thirty (30) calendar days of the date this decision becomes final. The Agency shall issue to Complainant a copy of the investigative file and also shall notify Complainant of the appropriate rights within one hundred fifty (150) calendar days of the date this decision becomes final, unless the matter is otherwise resolved prior to that time. If the Complainant requests a final decision without a hearing, the Agency shall issue a final decision within sixty (60) days of receipt of Complainant's request.
The Agency is further directed to submit a report of compliance, as provided in the statement entitled "Implementation of the Commission's Decision." The report shall include supporting documentation verifying that the corrective action has been implemented. A copy of the Agency's letter of acknowledgment to Complainant and a copy of the notice that transmits the investigative file and notice of rights must be sent to the Compliance Officer as referenced below.
ATTORNEY'S FEES (H0610)
If Complainant has been represented by an attorney (as defined by 29 C.F.R. � 1614.501(e)(1)(iii)), he/she is entitled to an award of reasonable attorney's fees incurred in the processing of the complaint. 29 C.F.R. � 1614.501(e). The award of attorney's fees shall be paid by the Agency. The attorney shall submit a verified statement of fees to the Agency -- not to the Equal Employment Opportunity Commission, Office of Federal Operations -- within thirty (30) calendar days of this decision becoming final. The Agency shall then process the claim for attorney's fees in accordance with 29 C.F.R. � 1614.501.
IMPLEMENTATION OF THE COMMISSION'S DECISION (K0610)
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 77960, Washington, DC 20013. 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 (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 tends 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 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 (R0610)
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 (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
December 18, 2014
__________________
Date
2
0120142436
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
2
0120142436