0120080136
03-10-2008
Bobbie M. Price, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Bobbie M. Price,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Appeal No. 0120080136
Agency No. 1K284001607
DECISION
Complainant filed a timely appeal with this Commission from a final
decision (FAD) by the agency dated September 14, 2007, finding that it
was in compliance with the terms of the May 19, 2007 settlement agreement
into which the parties entered. See 29 C.F.R. � 1614.402; 29 C.F.R. �
1614.504(b); and 29 C.F.R. � 1614.405.
The settlement agreement provided, in pertinent part, that:
(1) [Named individual] agrees to give a training on the guidelines for
Injury Comp. procedures for 204-B's (and supervisors) by June 20, 2007;
(2) [Named individual] commits to forward the appropriate (OWCP5)
paperwork to Injury Comp. where a job offer will be crafted and sent to
Dept. of Labor, [named individual], and [complainant];
(3) [Complainant] agrees to talk to her Dr. about specific limitations
for jobs and get recommendations back to Injury Comp. Her Dr. will be
asked to fill out the OWCP5 - send back to Injury Comp. and a job will
be offered; and
(4) [Named individual] will get with [named individual] and come
up with a temporary (interim) job for [complainant] including quality
verifications, nixies and limited keying on weekends. This will be done
by Monday, May 22, 2007.
By letter to the agency dated July 30, 2007, complainant alleged that
the agency was in breach of the settlement agreement, and requested that
the agency specifically implement its terms. Specifically, complainant
alleged that the agency failed to provide training as agreed to in
provision (1) of the agreement. Complainant alleges that the attitude of
her 204B supervisor regarding her work is evidence that training has not
been conducted as agreed to. Complainant further alleges that the agency
has breached provisions (2) and (3) of the agreement regarding its promise
to forward appropriate paperwork to the OWCP on complainant's behalf.
Specifically, complainant alleges that she has done her part by providing
her supervisor with the appropriate documentation in reference to
provision (2) and by having her physician provide recommendations on her
specific job limitations as agreed to in provision (3) of the agreement.
Finally, complainant claims that the agency failed to comply with
provision (4) regarding its obligation to provide her with a temporary
job she could perform. Specifically, complainant alleges that the job
she received is not valued by her supervisor. She alleges that she is
given menial tasks to perform and she has been subjected to a hostile
work environment as a result of the work she has been given to do.
In its September 14, 2007 FAD, the agency concluded that it was not
in breach of the agreement as alleged. Specifically, the agency
indicates that training as agreed to in provision (1) was provided to
acting supervisors, (204 B) on proper completion of OWCP forms and how
to evaluate CA-17 restrictions. The agency indicates that training
was ongoing beginning May 17, 2007 through June 6, 2007. Regarding
provisions (2) and (3) of the agreement, the agency states that OWCP
paperwork received from complainant was properly forwarded as agreed
to in provision (2) and the job limitations completed by complainant's
physician were received by Injury Compensation and forwarded accordingly
as required by provision (3) of the settlement. The agency maintains
that it has performed its obligations under provisions (2) and (3)
of the settlement and that it is now the responsibility of the Injury
Compensation office to find a suitable job for complainant. Finally,
the agency indicates that complainant was offered a temporary job within
her restrictions that she could perform as agreed to. In addition,
the agency indicates that the job was verified by the Department of
Labor as a job complainant could perform.
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 O 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 (5th Cir. 1984).
In the instant case, the evidence of record indicates that the agency has
fulfilled its obligations under the May 19, 2007 settlement agreement
between the parties. Complainant has failed to demonstrate that the
agency has breached the agreement as alleged. The agency indicates that
training for acting supervisors was conducted in May and June 2007 and
that OWCP paperwork received from complainant was properly forwarded on
complainant's behalf to Injury Compensation for action on their part.
The Commission notes here that provision (3) of the agreement obligates
complainant to provide forms to her doctor and complainant's doctor
is to forward them to Injury Compensation on complainant's behalf.
As written, the agency has no specific obligation under provision
(3) of the agreement. Finally, the agency has indicated and provided
evidence in the record that complainant was offered a job she could
perform. Complainant acknowledges in the record that she was given
a modified job as agreed to and that she is concerned more that the
job she is performing is not valued by her supervisor and co-workers.
The Commission notes that the agency's only obligation was to provide
complainant with a temporary job she could perform.
Upon review, the Commission finds that complainant has not demonstrated
that the agency has breached the specific terms of the agreement
as alleged. Accordingly, the agency's determination of compliance
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 10, 2008
__________________
Date
2
0120080136
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P. O. Box 19848
Washington, D.C. 20036
4
0120080136