Opinion
Civil Action No. 04-1516.
October 22, 2004
ORDER-MEMORANDUM
AND NOW, this 22nd day of October, 2004, "Defendant's Motion to Dismiss the Complaint" is granted; and the complaint is dismissed without prejudice to plaintiff's filing an amended complaint on or before Friday, November 12, 2004, if she can do so without violating the requirements of Fed.R.Civ.P. 11.
Plaintiff Josephine A. Schoener has been an employee of the United States Postal Service since 1988. Complaint, ¶ 4. On May 7, 2003, Union and the Postal Service entered into a settlement agreement resolving plaintiff's claim that she had unlawfully been paid less in salary and benefits than other employees.Id., ¶ 6. In accordance with the agreement, she received from the Postal Service an amount representing the underpayment of wages and loss of benefits. Id., ¶¶ 9, 10. The complaint alleges that she is not sure if she received "all of the damages to which plaintiff is entitled by law." Id., ¶ 10. It also alleges that, contrary to the tenets of her religion, she has been required to work on Saturdays. Id., ¶ 7. The complaint, which appears to consist of breach of contract claims and discrimination claims, will be dismissed for the following reasons:
It is not clear whether this was also the basis of a claim previously settled with the Postal Service or a separate claim of discrimination. For purposes of this order, it will be considered to be a separate claim.
Breach of contract — Plaintiff lacks standing to bring a breach of contract claim based on the May 7, 2003 settlement agreement.See Puissegur v. United States Postal Serv., 1996 WL 185812, at *3 (E.D. La., Apr. 18, 1996), citing McNair v. United States Postal Serv., 768 F.2d 730, 732, 734-35 (5th Cir. 1985) ("An individual employee is not a party to a settlement agreement negotiated by the Union under a collective bargaining agreement, and ordinarily has no right to sue to enforce rights arising under such an agreement. . ."). A "National Rural Letter Carriers' Association Settlement Form" dated May 7, 2003 is attached to the "Response of Plaintiff to Motion to Dismiss of Defendant" purporting to have been signed by the Postmaster and a Union Steward, but not by plaintiff. Given that writing, plaintiff appears to lack standing to bring a breach of contract claim.
Defendant asserts that plaintiff has failed to exhaust the grievance process required by the collective bargaining agreement. In response, plaintiff's position is that she is not subject to the agreement. Plaintiff's Response at 5. This is a jurisdictional issue not reflected in the complaint. The amended complaint, if any, shall state the basis for this court's jurisdiction over a matter that appears to be subject to a grievance process contained in the collective bargaining agreement.
Discrimination — The United States Postal Service is not a proper defendant. Owens v. United States, 822 F.2d 408, 410 (3d Cir. 1987) ("[A] Title VII action is properly filed only against the head of the relevant federal agency."). Accordingly, the discrimination claim against the Postal Service must also be dismissed.
Defendant also maintains that plaintiff has not stated a claim under Title VII inasmuch as the complaint does not set forth that she was disciplined or dismissed for failing to adhere to a work requirement for religious reasons. Her response is that she is not pursuing a discrimination case, but, rather, a claim under "the Wage law and the common law of contract," Plaintiff's Response at 5, and she has stated an "accommodation" case, Plaintiff's Response at 6-8. However, as noted, the accommodation claim appears to refer to the basis of the settlement agreement ("Here we've alleged that the defendant failed to pay plaintiff what she was due under her employment because of her sex or religion."), Plaintiff's Response at 6. The amended complaint, if any, should include facts sufficient to determine the nature of plaintiff's claims.