01A12758_r
04-03-2002
Dorothy J. Swift, Complainant, v. Anthony J. Principi, Secretary, Department of Veterans Affairs, Agency.
Dorothy J. Swift v. Department of Veterans Affairs
01A12758
April 3, 2002
.
Dorothy J. Swift,
Complainant,
v.
Anthony J. Principi,
Secretary,
Department of Veterans Affairs,
Agency.
Appeal No. 01A12758
Agency No. 99-2401
DECISION
Complainant filed an appeal with this Commission at least 35 days
after she served the agency with allegations of noncompliance with the
December 12, 2000 settlement agreement entered into by the parties.
The settlement agreement provided, in pertinent part, that:
(5C) Within thirty days of the signing of this settlement agreement,
the agency will pay to complainant the difference between the $3,000
incentive reward she received (in connection with her service as Chief
of Human Resources Management from August 1998 through February 1999)
and the compensation she would have received as a GS-14 for the period
August 22, 1998 to February 20, 1999.
By letter to the agency dated February 6, 2001, complainant claimed
that the agency failed to comply with provisions 5A, 5B, and 5C of
the settlement agreement, and requested that the agency specifically
implement its terms. By letter to the agency, dated February 20, 2001,
however, complainant acknowledged that subsequent to the drafting of
the February 6, 2001 letter, the agency implemented provisions 5A and
5B of the settlement agreement, but, by February 20, 2001, the agency
still had not implemented provision 5C of the settlement agreement.
In response to complainant's appeal to the Commission in which complainant
continues to assert that the agency has not complied with provision 5C
of the settlement agreement, the agency claims that it has complied
with the settlement agreement, and specifically, with provision 5C
of the settlement agreement. The agency contends that the amount due
complainant under provision 5C
of the settlement agreement was included in complainant's pay for the pay
period ending March 10, 2001, which was made available to complainant
on March 16, 2001, two days after complainant filed her appeal with
the Commission. Complainant has not submitted any correspondence beyond
this date disputing the agency's claim of payment.
The Commission finds that the agency has provided sufficient evidence
that it paid complainant the difference between the $3,000 incentive
reward she received and the compensation she would have received as a
GS-14 for the period August 22, 1998 to February 20, 1999. Therefore,
we conclude that the agency complied with provision 5C of the December
12, 2000 settlement agreement.
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
April 3, 2002
__________________
Date