01A14081_r
04-08-2002
Wilma I. Vaughan, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Wilma I. Vaughan v. United States Postal Service
01A14081
April 8, 2002
.
Wilma I. Vaughan,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Appeal No. 01A14081
Agency No. 4D-270-0064-01
DECISION
Complainant filed a timely appeal with this Commission from an agency
decision dated June 5, 2001, finding that it was in compliance with
the terms of the April 13, 2001 settlement agreement into which the
parties entered.
The settlement agreement provided, in pertinent part, that:
(7) In the future [complainant] will be allowed to work her relief day
if others are doing likewise.
By letter to the agency dated April 20, 2001, complainant alleged that
the agency was in breach of the settlement agreement, and requested
that her EEO complaint be reinstated for processing. Specifically,
complainant alleged that on April 20, 2001, the Postmaster refused to
allow complainant to work her relief day and told her he had no intentions
of abiding by the agreement.
In its June 5, 2001 decision, the agency concluded that the settlement
agreement had not been breached. The agency stated that complainant's
request to work her relief day on April 20, 2001 was denied because a
substitute rural carrier was available to work that day. The agency
stated that its decision was based on Article 37 of the National Rural
Carrier Contract which states that substitute rural carriers, rural
carrier associates, and rural carrier reliefs are to provide service on
established regular and auxiliary routes in the absence of a regular or
auxiliary rural carrier.
On appeal, complainant states that the Postmaster allowed and continues
to allow other employees to work their off day. In addition, complainant
states that none of the other provisions agreed to in the April 13, 2001
settlement agreement have been implemented. For example, complainant
states that she still does not have the equipment that was promised to
her in the agreement.
EEOC Regulation 29 C.F.R. � 1614.504(a) provides that any settlement
agreement knowingly and voluntarily agreed to by the parties, reached at
any stage of the complaint process, shall be binding on both parties.
The Commission has held that a settlement agreement constitutes a
contract between the employee and the agency, to which ordinary rules
of contract construction apply. See Herrington v. Department of Defense,
EEOC Request No. 05960032 (December 9, 1996). The Commission has further
held that it is the intent of the parties as expressed in the contract,
not some unexpressed intention, that controls the contract's construction.
Eggleston v. Department of Veterans Affairs, EEOC Request No. 05900795
(August 23, 1990). In ascertaining the intent of the parties with regard
to the terms of a settlement agreement, the Commission has generally
relied on the plain meaning rule. See Hyon v. United States Postal
Service, EEOC Request No. 05910787 (December 2, 1991). This rule states
that if the 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 Co. v. Building Eng'g Servs. Co., 730 F.2d 377 (5th Cir. 1984).
In the present case, the Commission is unable to determine whether the
agency complied with the April 13, 2001 settlement agreement. Provision
(7) of the agreement states that complainant will be allowed to work
her relief day if others are doing likewise. It is unclear from the
record whether other employees were allowed to work their relief days.
Further, we note that on appeal complainant alleges that other provisions
of the agreement have not been fulfilled.
Accordingly, the agency's decision that it complied with the settlement
agreement is VACATED and the complaint is REMANDED for further processing
in accordance with the Order below.
ORDER
Within 30 days of the date this decision becomes final the agency shall:
Provide documentation showing whether other employees were allowed to
work their relief days. Thereafter, the agency shall issue a new final
decision pursuant to 29 C.F.R. � 1614.504.
Investigate the additional breach allegations raised by complainant on
appeal and supplement the record with a statement and evidence clarifying
the status of these additional breach allegations.
A copy of the agency's decision and supplemental evidence must be sent
to the Compliance Officer as referenced herein
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 (R0900)
This is a decision requiring the agency to continue its administrative
processing of your complaint. However, if you wish to file a civil
action, you have the right to file such action in an appropriate United
States District Court within ninety (90) calendar days from the date
that you receive this decision. 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 filed your appeal with the
Commission. 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. 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
April 8, 2002
__________________
Date