01a24717_r
12-18-2002
Katherine Coleman, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Katherine Coleman v. United States Postal Service
01A24717
December 18, 2002
.
Katherine Coleman,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Appeal No. 01A24717
Agency No. 4-J-600-0141-00
DECISION
Complainant timely appealed the agency's decision not to reinstate
her complaint of unlawful employment discrimination that the parties
had settled. See 29 C.F.R. � 1614.504. The record indicates that on
April 26, 2002, the parties resolved complainant's complaint by entering
into a settlement agreement, which provided, in pertinent part, that:
A climate survey will be conducted among employees working at the Glendale
Hts. Facility. Any managerial problems and/or deficiencies detected
by this survey will be promptly addressed and corrected by providing
EEO and/or sensitivity training. [Complainant] will be provided with a
confirmation when implementation is completed.
[Complainant] will be compensated for the lump sum amount of $500.00,
five hundred dollars - no/100s.
On August 26, 2002, complainant alleged that the agency failed to comply
with the terms of the settlement agreement. Specifically, complainant
indicated that she did not receive feedback on sensitivity training of an
identified Branch Manager and an identified Customer Services Supervisor
nor a climate survey under the settlement agreement. In response,
on September 23, 2002, the agency stated that per a Labor Relations
Specialist, he personally went to the Glendale Heights Branch on May 2,
2002, and conducted EEO/Human Resource training with the manager and
supervisor identified by complainant. The Labor Relations Specialist
also indicated that this training included discussion on treating
employees equally and fairly, reasonable accommodation, alternative
dispute resolution possibilities, and rewarding employees for good
performance. The Labor Relations Specialist stated that on or around
June 14, 2002, two managers conducted a climate assessment and any/all
deficiencies detected were discussed with management and corrected.
The agency indicated that complainant received $500.00 under the
settlement agreement.
EEOC Regulation 29 C.F.R. � 1614.504 provides that if the complainant
believes that the agency failed to comply with the terms of a settlement
agreement, the complainant should notify the Director of Equal Employment
Opportunity, in writing, of the alleged noncompliance with the settlement
agreement, within thirty (30) days of when the complainant knew or should
have known of the alleged noncompliance. The complainant may request that
the terms of the settlement agreement be specifically implemented or,
alternatively, that the complaint be reinstated for further processing
from the point processing ceased.
The agency shall resolve the matter and respond to the complainant,
in writing. If the agency has not responded to the complainant, in
writing, or if the complainant is not satisfied with the agency's attempt
to resolve the matter, the complainant may appeal to the Commission for
a determination as to whether the agency has complied with the terms of
the settlement agreement or final decision.
The Commission has 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, and not some unexpressed intention, that
controls the contract's construction. Eggleston v. Department of Veterans
Affairs, EEOC Request No. 05900795 (August 23, 1990). In addition, the
Commission generally follows the rule that if a 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 v. Building Engineering Services,
730 F.2d 377 (5th Cir. 1984). The Commission has followed this rule
when interpreting settlement agreements. The Commission's policy in
this regard is based on the premise that the face of the agreement best
reflects the understanding of the parties.
The record indicates that the agency provided EEO/Human Resource training
to the Branch Manager and the Customer Services Supervisor, identified
by complainant. The record also indicates that the agency conducted a
climate assessment and managerial problems, detected from that assessment,
were discussed and corrected. The Commission finds that via the September
23, 2002 decision, complainant has now been notified of the implementation
of the climate survey in accordance with provision 1 of the settlement
agreement. Furthermore, complainant acknowledged her receipt of $500.00
under provision 2 of the settlement agreement. The Commission finds
that the agency has now complied with the settlement agreement.
Accordingly, 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 18, 2002
__________________
Date