Darryl R. Bryantv.United States Postal Service 01A15072 December 13, 2001 .Darryl R. Bryant, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.

Equal Employment Opportunity CommissionDec 13, 2001
01a15072_r (E.E.O.C. Dec. 13, 2001)

01a15072_r

12-13-2001

Darryl R. Bryant v. United States Postal Service 01A15072 December 13, 2001 .Darryl R. Bryant, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.


Darryl R. Bryant v. United States Postal Service

01A15072

December 13, 2001

.Darryl R. Bryant,

Complainant,

v.

John E. Potter,

Postmaster General,

United States Postal Service,

Agency.

Appeal No. 01A15072

Agency No. 1C-451-0076-01

DECISION

Upon review, the Commission finds that the agency's decision not

to reinstate complainant's informal complaint of unlawful employment

discrimination that the parties had settled is proper. See 29 C.F.R. �

1614.504. The record indicates that on March 28, 2001, the parties

entered into a settlement agreement resolving the informal complaint.

The settlement agreement provides that:

We agree that comments that may have been made in the informal part

of the interview may have affected complainant's performance during

the interview. Because of this situation, the ASP Committee members

unanimously recommend that complainant be reinterviewed as soon as

possible. Complainant should be interviewed by an entirely new committee.

The ASP Review Committee will give this written recommendation to an

identified ASP District Coordinator by April 4, 2001. A copy of this

letter will be given to complainant by April 4, 2001.

On April 6, 2001, complainant alleged that the agency breached the

settlement agreement. The record contains a copy of a Human Resource

Specialist's letter dated April 4, 2001, which was addressed to the ASP

District Coordinator. The April 4, 2001 letter states (in part):

I have presented the results of the redress mediation settlement agreed

upon by members of the ASP Review Committee and [the ASP District

Coordinator] and his representative to the ASP Board Committee members.

As I explained to you and [the APWU Representative] during the mediation,

we (the ASP Review Committee) have no real authority to change anything -

all we could do was recommend.

The record indicates that complainant was subsequently scheduled for

reinterview for the selection process for the ASP program in accordance

with the settlement agreement. Specifically, the agency submits a

copy of the ASP District Coordinator statement dated August 28, 2001,

indicating that although complainant was scheduled to be reinterviewed

for the selection process in accordance with the settlement agreement,

complainant recently called him and canceled such reinterview.

Accordingly, the Commission finds that complainant has failed to show

breach of the settlement agreement. The agency's decision is hereby

AFFIRMED.

STATEMENT OF RIGHTS - ON APPEAL

RECONSIDERATION (M0701)

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), 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 19848,

Washington, D.C. 20036. 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 (S0900)

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 (Z1199)

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 that the Court appoint

an attorney to represent you and that the Court 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 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 13, 2001

__________________

Date