0120142214
10-23-2014
Complainant, v. Patrick R. Donahoe, Postmaster General, United States Postal Service (Eastern Area), Agency.
Complainant,
v.
Patrick R. Donahoe,
Postmaster General,
United States Postal Service
(Eastern Area),
Agency.
Appeal No. 0120142214
Agency No. 4B-060-0089-14
DECISION
Complainant filed a timely appeal with this Commission from a final decision by the Agency dated May 8, 2014, finding that it was in compliance with the terms of a December 18, 2012 settlement agreement. See 29 C.F.R. � 1614.402; 29 C.F.R. � 1614.504(b); and 29 C.F.R. � 1614.405.
BACKGROUND
During the period at issue, Complainant worked as a Rural Carrier at an Agency facility in Deep River, Connecticut. Believing that the Agency subjected her to unlawful discrimination, Complainant contacted an Agency EEO Counselor to initiate the EEO complaint process.
On or about December 18, 2012, Complainant and the Agency entered into a settlement agreement to resolve the matter. The settlement agreement provided, in pertinent part, that:
2. Upon the Complainant's resignation, the Agency shall remove from the Complainant's Official Personnel Folder ("OPF") any documentation relating to disciplinary action taken against the Complainant.
4. The Complainant agrees that she shall not, at any time nor in any location, seek reemployment or further employment, in any capacity, with the Agency. The Complainant has indicated that she may file a claim, under the Federal Employees Compensation Act ("FECA") with the Office of Workers Compensation Programs ("OWCP") seeking benefits in connection with her employment with the Agency. In the event the Complainant files a claim for FECA benefits with OWCP the Agency shall appropriately respond as required by the applicable law and regulations. By virtue of the Agreement, the Complainant knowingly, intentionally and waives any claim for restoration to employment with the Agency, pursuant to 5 U.S.C. '5181, et seq or any other applicable statute or regulation.1
By letter to the Agency dated April 1, 2014, Complainant alleged breach. Specifically, Complainant alleged that the Agency breached provision 2 and 4, when Complainant's record was not cleared of all disciplinary actions and when a named Postmaster (Postmaster NK) did not "appropriately respond" to the OWCP.
In its May 8, 2014 decision, the Agency found no breach of provisions 2 and 4. The Agency stated that Complainant's Official Personnel Folder does not contain any references to any disciplinary action.
On appeal, Complainant reiterates that the Agency breached the settlement agreement when Postmaster NK revealed a past work place incident to officials at OWCP. Complainant also alleged that Postmaster NK made false statements about Complainant and her work habits. Complainant alleged that Postmaster NK's statements were meant as punishment for Complainant exercising her EEO rights.
The record contains a copy of an affidavit by Postmaster NK, dated June 27, 2014. Therein, Postmaster NK stated she wrote a letter dated March 26, 2013, in response to a request for additional information from OWCP, dated March 21, 2013. Complainant stated that, she was asked specific questions to which she provided specific answers, as required by her position. Postmaster NK stated that her responses "were accurate and truthful."
ANALYSIS
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. Dep't of Def., 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. Dep't 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 O v. U.S. Postal Serv., 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).
The Agency has established that it is in substantial compliance with the terms of the settlement agreement. Here, the Agency has stated that a review of the Complainant's Official Personnel Folder has revealed that her file contains no references to any disciplinary actions, pursuant to provision 2 . Postmaster NK's correspondence to OWCP officials, without more, does not support a determination that the Agency had not met its affirmative obligation to remove from Complainant's official personnel folder any documentation relating to past disciplinary action.
Section 4 of the settlement agreement requires that the Agency "appropriately respond" to correspondence from OWCP. There is nothing in the record to indicate that Postmaster NK's statements were not were given to the best of her knowledge. Moreover, there is nothing in the record reflecting that her response did not constitute an "appropriate response" to OWCP inquiries. Furthermore, any disputes with the handling of Complainant's OWCP claim, must be directed through the OWCP process itself, as the processing of OWCP benefits is outside of the Commission's jurisdiction.
We have reviewed all the information submitted by Complainant on appeal and find that Complainant did not present persuasive arguments that the settlement agreement was breached.
Finally, we note that the Agency has indicated that the Agency has docketed a separate claim of reprisal, under Agency No. 4B-060-0059-14. This separate matter, however, is not before us in the instant appeal.
In summary, the Agency's finding of no breach of the December 18, 2012 settlement agreement is AFFIRMED.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0610)
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), at 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 77960, Washington, DC 20013. 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 (S0610)
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 (Z0610)
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 from the Court that the Court appoint an attorney to represent you and that the Court also 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 with the Court 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 23, 2014
__________________
Date
CERTIFICATE OF MAILING
For timeliness purposes, the Commission will presume that this decision was received within five (5) calendar days after it was mailed. I certify that this decision was mailed to the following recipients on the date below:
__________________
Date
______________________________
Compliance and Control Division
1 The settlement agreement contains other provisions not at issue on this appeal, i.e. payment to Complainant of $4000.00.
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U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
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