01994395
02-28-2001
Jessie Johnson, Complainant, v. William J. Henderson, Postmaster General, United States Postal Service, Agency.
Jessie Johnson v. United States Postal Service
01994395
February 28, 2001
.
Jessie Johnson,
Complainant,
v.
William J. Henderson,
Postmaster General,
United States Postal Service,
Agency.
Appeal No. 01994395
Agency Nos. 1-J-607-1119-95, 1-J-606-1317-94, 1-J-607-1191-95,
1-J-607-1230-95
DECISION
Complainant filed an appeal with this Commission claiming that the agency
was not in compliance with the terms of the March 25, 1999 settlement
agreement into which the parties entered.
The settlement agreement provided, in pertinent part, that:
(1) Complainant will be given a career appointment, effective April
10, 1999. Complainant will be paid a lump sum payment of $15,000.
The Complainant will be responsible for all taxes, if any. Although the
Agency will not deduct taxes, the Agency will issue a Form1099 to the
Complainant and the IRS. The complainant will serve a 90-day probationary
period. If the Complainant is terminated during her probationary period,
the Agency will document the reason(s) for termination, in writing,
and will provide a copy to the Complainant's Representative.
(2) Reasonable attorney fees to be provided. The issue of what is
reasonable is to be separated from these complaints through issuance of
a FAD (Final Agency Decision) pursuant to 29 C.F.R. 1614.
By letter to the agency dated April 22, 1999, complainant alleged that
the agency was in breach of the settlement agreement, and requested that
the agency specifically implement its terms. Specifically, complainant
alleged that, as of the date of the letter, the agency had failed to
contact complainant or her attorney concerning implementation of any
part of the settlement agreement.
In a June 15, 1999 letter to the Commission, the agency stated that
complainant was not hired on the April 10, 1999 date set out in the
settlement due to the volume of new employees being processed for hiring.
The agency also stated, however, that by letter dated May 7, 1999, the
agency had informed complainant that she should report for processing on
May 10, 1999. The agency stated that complainant stated she would not
report until she had conferred with her attorney. The agency stated that
it had informed complainant's attorney that the agency was still waiting
for complainant to report and that the agency had the settlement check.
On appeal, complainant submits documents confirming that she received a
letter on May 8, 1999, that advised her to report for work on May 10,
1999, and asserts that no prior notice was given. Complainant also
claims that, although a 1099 form was sent, no check has been received
from the agency.
In the instant case, we find that complainant has not shown that the
agency breached the settlement agreement. Although the agreement called
for complainant to be given a career appointment effective April 10, 1999,
nothing in the agreement specifies that she must report for duty on April
10, 1999, or that her appointment could not become retroactively effective
on that date after she reported at a later time specified by the agency.
Additionally, the record shows that the agency issued a check made out
to complainant for $15,000 on May 17, 1999, and is apparently waiting for
complainant to pick it up upon returning to work. Finally, the agreement
did not provide a time table for the payment of attorney's fees, and,
as complainant has not reported to work, it is not unreasonable that
the agency has delayed the issuance of a decision on that matter.
Accordingly, as complainant has failed to show that the agency has
breached the terms of the settlement agreement, the agency's decision
is AFFIRMED.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0900)
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
February 28, 2001
__________________
Date