01A14129_r
10-16-2001
Rena F. Williams, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Rena F. Williams v. United States Postal Service
01A14129
October 16, 2001
.
Rena F. Williams,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Appeal No. 01A14129
Agency No. 1-D-404-0015-00
DECISION
Upon review, the Commission finds that the agency's May 11, 2001
decision dismissing complainant's complaint was proper pursuant to
29 C.F.R. � 1614.107(a)(2), due to the untimely filing of the formal
complaint. Complainant alleges that she was discriminated against on
the bases of race, sex, age, and retaliation, when: (1) from April 20,
2000 through present, she was denied a lateral move to the position of
Supervisor Customer Service when vacancies existed and lesser qualified
people were given the job position; (2) on an unspecified date she
was admonished/berated over the loud speaker; and (3) on September 14,
15, and 18-22, 2000, her settlement agreement dated July 27, 2000 was
breached by the Postmaster in Lexington, KY.
Complainant received the notice of right to file a formal complaint
on January 24, 2001. Although the notice indicated that complainant
had to file a formal complaint within 15 calendar days of its receipt,
complainant did not file her formal complaint until March 24, 2001,
which is beyond the limitation period. Therefore, we find that claims
1 and 2 were properly dismissed on the grounds that complainant failed
to timely file her complaint.
The Commission notes that claim 3 alleges breach of a settlement
agreement. The agency should have made a determination as to whether or
not it breached the settlement agreement. In the absence of a decision,
the Commission will review the claim of breach pursuant to 29 C.F.R. �
1614.504(b). On July 27, 2000, the parties entered into a settlement
agreement, which provided, in pertinent part, that complainant would
receive the following:
Rena Williams will be detailed for no less than four (4) months to a
Lexington, KY Supervisor, Customer Service position.
2. Lexington Postmaster [A], will determine which Lexington Station
Ms. Williams will be assigned.
The detail will be effective no later than August 19, 2000.
[Complainant's] Prime/Programmed/Choice Annual Leave will be honored.
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.
By letter dated October 7, 2000, complainant appears to allege that the
agency breached the settlement agreement by not detailing her for the
full 4 months as agreed upon in provision 1 of the settlement agreement.
The agency has not addressed, and the record does not show, whether
the agency has complied with provision 1 of the agreement. Therefore,
the agency shall issue a decision as to whether or not it is in breach
of the settlement agreement.
The agency's final decision dismissing complainant's complaint of
discrimination (claims 1 and 2) is AFFIRMED. The agency's determination
regarding complainant's claim that the agency breached the settlement
agreement is VACATED and the breach of settlement claim is REMANDED to
the agency for further processing in accordance with this decision and
applicable regulations.
ORDER
The agency, within thirty calendar days of the date this decision
becomes final, shall issue a decision pursuant to 29 C.F.R. � 1614.504
determining whether it is in breach of provision 1 of the settlement
agreement dated July 27, 2000. The agency shall supplement the record
with evidence supporting its decision. A copy of the agency decision
must be sent to the Compliance Officer as referenced below.
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 (T0900)
This decision affirms the agency's final decision/action in part, but it
also requires the agency to continue its administrative processing of a
portion of your complaint. 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 on both that portion
of your complaint which the Commission has affirmed and that portion
of the complaint which has been remanded for continued administrative
processing. 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 your appeal with the Commission, until
such time as the agency issues its final decision on your complaint.
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
October 16, 2001
__________________
Date