Beth F. Santos, Complainant,v.John E. Potter, Postmaster General, United States Postal Service, Agency.

Equal Employment Opportunity CommissionMar 24, 2006
01a54388_r (E.E.O.C. Mar. 24, 2006)

01a54388_r

03-24-2006

Beth F. Santos, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.


Beth F. Santos v. United States Postal Service

01A54388

March 24, 2006

.

Beth F. Santos,

Complainant,

v.

John E. Potter,

Postmaster General,

United States Postal Service,

Agency.

Appeal No. 01A54388

Agency No. 1F-895-0004-05

DECISION

The record reveals that on April 8, 2005, complainant and the agency

entered into a settlement agreement regarding complainant's EEO complaint.

The settlement provided in pertinent part as follows:

That [Complainant] will be returned to work on April 16, 2005. She will

remain on Tour I with an extended probation. . . . The probation will

end one year from the date of this Agreement.

. . . .

If the terms of this agreement are determined to violate a provision of

the applicable collective bargaining agreement, this agreement will be

null and void. In the event that this agreement becomes null and void,

the complainant will be allowed to either renegotiate the terms of this

agreement to be in compliance with the collective bargaining agreement

OR to reinstate his or her complaint.

Subsequent to the execution of the settlement agreement, the agency

determined that the settlement agreement violated the collective

bargaining agreement by providing complainant with a one year probationary

period rather than a 90-day probationary period. The agency refused

to grant complainant reinstatement of her employment with a 90-day

probationary period. The agency instead reinstated the settled matter

and issued complainant a notice of right to file an EEO complaint.

Complainant subsequently filed a complaint on the settled matter and

by letter dated June 8, 2005, the agency accepted the complaint for

investigation.

By letter dated April 30, 2005, complainant claimed that the agency

breached the settlement agreement. The agency issued a final action

dated June 1, 2005, stating that the settlement agreement was null

and void because a one year probationary period is a violation of the

collective bargaining agreement. The agency noted that the probationary

period for a new employee under the collective bargaining agreement is

90 calendar days. According to the agency, attempts to renegotiate the

terms of the settlement agreement so as to be in compliance with the

collective bargaining agreement were not successful, and the settled

matter was therefore reinstated and complainant was provided notice

of her right to file an EEO complaint. On appeal, complainant requests

that the settlement agreement terms be changed from a one-year probation

to a 90-day probationary period.

The Commission has consistently held that settlement agreements are

contracts between the complainant and the agency, and 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, 381 (5th Cir. 1984).

The agency submitted a copy of what it states is the relative collective

bargaining agreement. Article 12, Section 12.1(A) of the collective

bargaining agreement provides that the probationary period for a new

employee shall be 90 calendar days. Complainant does not argue that the

collective bargaining has been misinterpreted by the agency in its June

1, 2005 decision. The Commission finds that the settlement agreement

is void because of the conflict with the terms of the agreement and the

terms of the collective bargaining agreement. There is no indication that

the agency entered the agreement in bad faith. Furthermore, there are

no other material terms of consideration in the agreement. The parties

were unable to reach an agreement after a determination was made that

the settlement violated the collective bargaining agreement. Therefore,

we find that the agency properly reinstated the settled matter.

The agency's decision finding no breach of the April 8, 2005 settlement

agreement is AFFIRMED.

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

(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

March 24, 2006

__________________

Date