01A31903_r
08-21-2003
James S. Sibley, Jr., Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
James S. Sibley, Jr. v. United States Postal Service
01A31903
August 21, 2003
.
James S. Sibley, Jr.,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Appeal No. 01A31903
Agency Nos. 1-G-781-0038-02
1-G-781-0073-00
DECISION
The record reveals that on September 6, 2002, complainant and the
agency entered into a settlement agreement regarding complainant's
EEO complaints. The settlement provided, in pertinent part, that in
exchange for complainant voluntarily withdrawing his complaints, the
agency agreed to pay complainant a lump sum of $147.04 equivalent to
one day of supervisory pay.
By letter dated October 10, 2002, complainant notified the agency that
he had not received the $147.04 provided for in the settlement agreement.
Complainant requested that his complaints be reinstated.
On December 3, 2002, complainant filed an appeal with the Commission
requesting that a finding of breach be issued against the agency.
By decision dated December 24, 2002, the agency acknowledged that the
payroll adjustment had not been effected. However, the agency stated that
the adjustment was submitted to the accounting department on December
23, 2002. The agency determined that it no longer was in breach of
the settlement agreement since the adjustment had been submitted and
complainant would be receiving his money very soon.
In response to complainant's appeal, the agency asserts that it is no
longer in breach of the settlement agreement. The agency maintains that
complainant was paid a lump sum of $147.04, minus taxes, for a net pay
of $105.27.
On March 5, 2003, complainant informed the Commission that he still had
not received the payment provided for in the settlement agreement.
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.
If the complainant believes that the agency has failed to comply with
the terms of a settlement agreement or final action, the complainant
shall notify the EEO Director, in writing, of the alleged noncompliance
within 30 days of when the complainant knew or should have known of the
alleged noncompliance. The complainant may request that the terms of
the agreement be specifically implemented, or, alternatively, that the
complaint be reinstated for further processing from the point processing
ceased.
The Commission has consistently held that settlement agreements are
contracts between the complainant and the agency, and it is the intent of
the parties as expressed in the contract, not some unexpressed intention,
that controls the contract's construction. Eggleston v. Department
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 v. United States Postal Service, 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, 381 (5th Cir. 1984).
The agency has provided documentation in an attempt to show
that complainant was paid the $147.04 due under the settlement
agreement. However, the documentation is not entirely clear on this
point and we note that complainant stated in a letter dated March 5,
2003, that he still had not received the payment. It is unclear from
the documentation submitted when such payment was made and if payment
was actually made rather than requested or anticipated. Therefore,
we find that further inquiry is necessary to determine whether the
agency has complied with the settlement agreement. We shall remand
the matter so that the agency can supplement the record with evidence
clearly showing that the $147.04 was paid to complainant and the date
such a payment was made.
Accordingly, the agency's decision finding that it did not breach of the
settlement agreement is VACATED. This matter is REMANDED for further
processing pursuant to the Order below.
ORDER
The agency shall conduct an investigation to determine whether complainant
has been paid the $147.04 owed to him under the terms of the settlement
agreement and the date such payment was made. The agency shall provide
documentation in the record to support its decision. Such documentation
shall show if complainant was paid the $147.04 and the date such payment
was made. Within 30 days of the date this decision becomes final, the
agency shall issue a new decision determining whether it has complied
with the settlement agreement. A copy of the agency's decision must be
sent to the Compliance Officer as referenced herein.
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
August 21, 2003
__________________
Date