Doris M. Mays, Complainant,v.John E. Potter, Postmaster General, United States Postal Service, Agency.

Equal Employment Opportunity CommissionNov 4, 2004
01a44687 (E.E.O.C. Nov. 4, 2004)

01a44687

11-04-2004

Doris M. Mays, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.


Doris M. Mays v. United States Postal Service

01A44687

11/4/2004

.

Doris M. Mays,

Complainant,

v.

John E. Potter,

Postmaster General,

United States Postal Service,

Agency.

Appeal No. 01A44687

Agency Nos. 1F-941-0069-01, 1F-941-0081-00

DECISION

By letter to the Commission, dated June 29, 2004, complainant alleged

breach of a settlement agreement. Specifically, complainant stated,

�I am requesting reconsideration on the EEO complaint I filed for

[the incidents which occurred on] May 24, 2000 and April 5, 2001.�

Complainant further stated, �[m]anagement did not honor the decision

that was agreed upon.�

By letter to the Commission, dated September 27, 2004, the agency

states that �[complainant] is alleging breach of settlement agreements

on pre-complaint counseling cases which were settled on June 13, 2001 and

October 6, 2000.� The agency further states, �[complainant] did not raise

these allegations with the agency prior to her appeal to the Commission.�

Therefore, the agency claims that complainant's appeal is premature.

EEOC Regulation 29 C.F.R. � 1614.504(a) provides that if a complainant

believes that a settlement agreement has been breach, the complainant

shall notify the EEO Director of the agency, in writing, of the alleged

breach within 30 days of when the complainant knew or should have known of

the breach. In the present case, complainant did not notify the agency's

EEO Director of any alleged breach. While the record contains copies

of two settlement agreements entered into by complainant and the agency

dated June 13, 2001 (regarding Agency No. 1F-941-0069-01) and October 6,

2000 (regarding Agency No. 1F-941-0081-00), we are unable to determine the

precise nature of complainant's breach claims and there is insufficient

evidence of record to determine whether the agency is in compliance with

the June 13, 2001 and October 6, 2000 settlement agreements. Accordingly,

complainant's breach claim is REMANDED to the agency for processing in

accordance with the Order below.

ORDER

The agency is ORDERED to take the following actions:

(1) The agency shall contact complainant, in writing, to ascertain the

precise nature of her breach claim. The agency shall provide complainant

an opportunity to precisely clarify her claim and supplement the record

with any evidence supporting her claim.

(2) The agency shall investigate complainant's breach claim to determine

whether it is in compliance with the applicable settlement agreements

(the settlement agreement dated June 13, 2001 and/or the settlement

agreement dated October 6, 2000).

(3) Within thirty (30) calendar days from the date this decision becomes

final, the agency shall issue a determination as to whether the agency

breached the applicable settlement agreements.

A copy of the agency's determination must be submitted to the Compliance

Officer as referenced below.

IMPLEMENTATION OF THE COMMISSION'S DECISION (K0501)

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 19848,

Washington, D.C. 20036. 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 (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 (R0900)

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 (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

11/4/2004

Date