01a33329_r
07-23-2003
Kum S. Slater, Complainant, v. R.L. Brownlee, Acting Secretary, Department of the Army, Agency.
Kum S. Slater v. Department of the Army
01A33329
July 23, 2003
.
Kum S. Slater,
Complainant,
v.
R.L. Brownlee,
Acting Secretary,
Department of the Army,
Agency.
Appeal No. 01A33329
Agency No. ANDMFO0112B0610
DECISION
Complainant, a Bartender, 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 March 8, 2002, the parties resolved complainant's complaint by entering
into a settlement agreement, which provided, in pertinent part, that:
3.b. For the period of one year, commencing January 1, 2002, a study
on hours scheduled and hours worked for regular part-time Bartenders
at Rocker II, will be conducted once a quarter. Should there be a
disparity of hours scheduled or worked greater than 10 hours, every
effort will be made to ensure that a disparity of more than 10 hours is
neutralized during the subsequent quarters. The study will be shared
with the regular part-time Bartenders in Rocker II within 30 days of
the quarter close out. As an example, for the period ending March 31,
2002, the study will be shared on or about May 1, 2002.
On February 18, 2003, complainant alleged that the agency failed to
comply with Provision 3.b. of the settlement agreement when she had not
received the year end report. The record indicates that although the
4th and final quarterly report (quarter ending January 22, 2003) was due
complainant by February 21, 2003, it was not issued to complainant by
that time frame. Nevertheless, the record clearly indicates that after
complainant's noncompliance notification, the agency issued her with the
report at issue which was received by complainant on February 26, 2003.
Upon review, the Commission finds that the agency substantially complied
with the settlement agreement even though the quarterly report, at issue,
was issued to complainant 5 days late, which was harmless. On appeal,
complainant does not dispute the agency's compliance of three other
previous quarterly reports under the settlement agreement nor does she
raise any new contentions other than filing a notice of appeal.
Accordingly, the agency's decision finding no breach is 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
July 23, 2003
__________________
Date