01A14167_r
02-11-2002
Matias Partida, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Matias Partida v. United States Postal Service
01A14167
February 11, 2002
.
Matias Partida,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Appeal No. 01A14167
Agency No. 4G-770-0529-99
DECISION
Complainant filed a timely appeal with this Commission from a final
decision by the agency dated May 15, 2001, finding that it did not breach
the January 17, 2001 settlement agreement into which the parties entered.
The settlement agreement provided, in pertinent part, that:
The parties agree to change complainant's domicile from Sam Houston to
Greenbriar Station. The complainant agrees to minimize unnecessary travel
involved with this change. The change in domicile will be treated as all
other domicile changes. If this agreement contravenes the labor contract
agreement with APWU, the dispute will be resubmitted to the judge.
By letter to the agency dated March 25, 2001, complainant claimed that
the agency was in breach of the settlement agreement. Specifically,
complainant claimed that the agency instructed him to be domiciled
at the Sam Houston Finance Station, effective March 26, 2001, despite
the January 17, 2001 settlement agreement which changed complainant's
domicile from the Sam Houston Station to the Greenbriar Station.
In its May 15, 2001 decision, the agency concluded that it did not breach
the settlement agreement, because there was no language in the settlement
agreement exempting complainant from future changes at the Greenbriar
Station, complainant was aware at the time that the settlement agreement
was entered into that a workload evaluation was being conducted, and
complainant was aware that after the evaluation was completed, all SSPC
technicians would be moved back to the SSPC Unit Office with complainant
being the last one to return.
The record includes several affidavits and other documents indicating that
all domiciled SSPC technicians were moved back to the SSPC Unit Office,
following the workload evaluation. On appeal complainant presents no
evidence, documentation, or statements indicating that he was unaware at
the time that the settlement agreement was entered into that a workload
evaluation would be conducted or that his relocation to the Greenbriar
Station could end following the workload evaluation. A domicile at
the Greenbriar Station for complainant's position no longer exists.
All SSPC technicians domiciled at the Greenbriar Station were moved
to the SSPC Unit Office, with complainant being the last technician to
remain at the Greenbriar Station. Complainant has failed to show that
the agency breached the January 17, 2001 settlement agreement.
The agency's decision finding no breach of the January 17, 2001 settlement
agreement 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
February 11, 2002
__________________
Date