01A11860_r
04-25-2001
Rosie M. Taylor, Complainant, v. William J. Henderson, Postmaster General, United States Postal Service, Agency.
Rosie M. Taylor v. United States Postal Service
01A11860
April 25, 2001
.
Rosie M. Taylor,
Complainant,
v.
William J. Henderson,
Postmaster General,
United States Postal Service,
Agency.
Appeal No. 01A11860
Agency No. 2-C-1982-92
DECISION
On August 18, 1993, complainant and the agency settled the above
referenced complaint. Complainant alleged breach of the agreement
on October 24, 2000, and appealed to this Commission after the agency
failed to respond to her claim within thirty-five days. See 29 C.F.R. �
1614.504(b).
The settlement agreement provided, in pertinent part, �3. Complainant
will remain at Brookland Station except in an emergency short term
situation or at complainant's option.�
Complainant, through her attorney, argues that she was transferred to an
different duty station because of an alleged personal relationship with
a subordinate employee. Complainant contends that the agency cited no
authority or emergent circumstances for the transfer. In response, the
agency contends that it was justified to temporarily transfer complainant
while the Inspector General conducted an investigation of complainant's
alleged supervisory misconduct.
Any settlement agreement knowingly and voluntarily agreed to by the
parties, reached at any stage of the complaint process, is binding on
both parties. See 29 C.F.R. � 1614.504(a). 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 intent of the parties as expressed in the contract,
not some unexpressed intention, controls the contract's construction.
Eggleston v. Department of Veterans Affairs, EEOC Request No. 05900795
(August 23, 1990).
In the instant case, the Commission finds no breach of the agreement -
the agency's temporary transfer was justified, and is not covered by
the agreement. Further, the agreement does not provide any length of
time during which complainant may not be transferred. In absence of
any stated length, the Commission must imply a reasonable time period.
For over seven years, the agency retained complainant at the Brookland
station. This is more than a �reasonable� length of time; the agency
has complied with the agreement. Accordingly, the Commission finds no
breach of the agreement, and the agency's contentions are AFFIRMED.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0900)
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
April 25, 2001
__________________
Date