01A33153
06-16-2004
Anthony Wilcox, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, (Southeast Area), Agency.
Anthony Wilcox v. United States Postal Service
01A33153
June 16, 2004
.
Anthony Wilcox,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
(Southeast Area),
Agency.
Appeal No. 01A33153
Agency No. 1-H-301-0031-01
DECISION
Complainant filed an appeal with this Commission from a final decision
by the agency dated April 7, 2003, finding that it was in compliance
with the terms of the February 12, 2002 settlement agreement into which
the parties entered.
The record reflects that complainant filed an EEO complaint alleging
discrimination in violation of Section 501 of the Rehabilitation Act
of 1973 (Rehabilitation Act), as amended, 29 U.S.C. � 791 et seq., on
the basis of his disability. Complainant reached settlement through the
EEO Counseling Process on February 11, 2002. The settlement provides,
in pertinent part that:
Complainant will be reimbursed for:
- One hundred seventy six (176) hour sick leave
- Two hundred thirty two hours (232) annual leave
Complainant will also receive pay for five hundred twenty (520) hours
charged Leave Without Pay (LWOP) from November 2000 through April
2001. The payment will be paid in a lump sum with wage earnings deducted.
On June 17, 2002, complainant filed a letter with EEO Office of Compliance
and Appeals claiming that the agency has not complied with the terms
of the settlement agreement. On April 7, 2003, the agency issued
its decision finding that settlement had not been breached because
complainant received payment of $6,024.83 for 353 hours LWOP for the
period November 6, 2000 to March 26, 2001. Complainant filed a timely
appeal of the agency decision with this Commission.
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
Engineering Services. Co., 730 F.2d 377 (5th Cir. 1984).
The terms of complainant's settlement agreement are plain. Complainant
was to be reimbursed for 176 hours sick leave, 232 hours annual leave,
and 520 hours charged LWOP from November 2000 through April 2001,
paid in a lump sum with wage earnings deducted. The agency contends
that it complied with the terms of the settlement agreement because
complainant was paid for 353 hours LWOP and complainant shows an
outstanding balance of 160 hours annual leave, 262.64 hours sick leave
and 16 hours holiday leave. Complainant contends the lump sum payment
of $6,024.83 was for a worker's compensation claim. Documents provided
with complainant's appeal suggest that complainant received payment for
workman's compensation benefits. Complainant also states that the hours
reflected in his outstanding leave are not a part of his settlement
but part of a CA-7 buy back which he requested. We find that there is
insufficient documentation in the record to establish this contention.
As such, this issue is remanded to the agency for further investigation.
We also find, however, that even assuming, arguendo, that the agency is
correct that the combination of 353 hours LWOP paid and his outstanding
leave balance satisfied complainant's settlement agreement, we find that
this amount is only a portion of the compensation to which complainant is
entitled. We find that the record reflects that there is still a balance
of hours in complainants settlement agreement which remains. Therefore,
we find that the agency has not complied with the terms of the settlement
agreement.
Accordingly, we find that the agency's decision to dismiss complainant's
complaint was improper, and is hereby reversed. The complaint is remanded
to the agency for further processing in accordance with this decision
and the Order below.
ORDER (E0900)
The agency is ordered to process the remanded claims in accordance with
29 C.F.R. � 1614.108. The agency shall acknowledge to the complainant
that it has received the remanded claims within thirty (30) calendar
days of the date this decision becomes final. The agency shall issue
to complainant a copy of the investigative file and also shall notify
complainant of the appropriate rights within one hundred fifty (150)
calendar days of the date this decision becomes final, unless the matter
is otherwise resolved prior to that time. If the complainant requests a
final decision without a hearing, the agency shall issue a final decision
within sixty (60) days of receipt of complainant's request.
A copy of the agency's letter of acknowledgment to complainant and a
copy of the notice that transmits the investigative file and notice of
rights 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 (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
June 16, 2004
__________________
Date