0120142283
10-14-2014
Complainant, v. Patrick R. Donahoe, Postmaster General, United States Postal Service (Southeast Area), Agency.
Complainant,
v.
Patrick R. Donahoe,
Postmaster General,
United States Postal Service
(Southeast Area),
Agency.
Appeal No. 0120142283
Agency No. 4G760002312
DECISION
Complainant filed a timely appeal with this Commission from a final decision (FAD) by the Agency dated July 18, 2014, finding that it was in compliance with the terms of the 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.
BACKGROUND
At the time of events giving rise to this complaint, Complainant worked as a City Carrier at the Agency's Post Office in Hurst, Texas. Believing that the Agency subjected him to unlawful discrimination, Complainant contacted an Agency EEO Counselor to initiate the EEO complaint process.
On June 27, 2013, Complainant and the Agency entered into a settlement agreement to resolve the matter. The settlement agreement provided, in pertinent part, that:
(3) . . .
(b) The Postal service agrees to pay the amount of $2,500.00 to [named attorney] for attorney's fees and costs incurred in representing Complainant in the above captioned EEOC matter. The Postal service will not withhold applicable federal, state, or local taxes from the payment. However, the Postal service will report the amount paid as required by law and a Form 1099 will be issued to [named law firm]. The parties agree that the Postal service makes no representation with regard to the tax consequences of this payment or 1099 reporting and Complainant and his counsel will hold the Postal service harmless in the event that any issues arise with the IRS.
(c) The Postal service agrees to convert 75 hours of sick leave used by Complainant in the period December 5, 2011, through January 13, 2012, to administrative leave.
(d) [Named Acting Manager] shall complete (1) a course in Reasonable Accommodation, and (2) a course in the Postal Service's policy and procedures relating to preventing discrimination in the work place.
(e) [Named Supervisor Customer Service] shall complete (1) a course in Reasonable Accommodation, and (2) a course in the Postal Service's policy and procedures relating to preventing discrimination in the work place.
(f) [Named Acting Supervisor, Customer Service] shall complete (1) a course in Reasonable Accommodation, and (2) a course in the Postal Service's policy and procedures relating to preventing discrimination in the work place.
(g) The Postal service agrees to transfer any of Complainant's medical records currently in possession of management at the Hurst Post Office to Complainant's medical file at the medical unit. The Postal service is specifically not agreeing to transfer or retrieve any of Complainant's medical records that may be in the possession of Complainant's collective bargaining union, the National Association of Letter Carriers.
By letter to the Agency dated April 7, 2014, 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 $2500 paid to his attorney was reported on a 1099 issued to him. Complainant also asked for the dates the training was completed by the management officials named. Complainant also indicated it took too long for the leave to be converted. Finally, Complainant felt provision 3g was unenforceable
In its July 18, 2014 FAD, the Agency concluded it was not in breach of the agreement. First, the Agency provided documentation that it issued a check to Complainant's attorney on July 2, 2013, in the amount of $2,500. With regard to the issuance of the 1099 form regarding this payment, the Agency presented an affidavit from its accountant indicating that a 1099 form was issued for these attorney's fees to both the attorney as agreed upon in the settlement, as well as a duplicate to Complainant. The Agency also provided a copy of its written policy that issuing duplicate copies of 1099 forms for payment of attorney's fees was its standard practice. The Agency noted that the agreement stated that the Agency would be held harmless regarding any issues with the IRS.
In addition, the Agency provided the dates that the management officials completed the required courses. The Agency noted that the agreement did not give a date for the conversion of the leave, and that Complainant acknowledged that the leave was converted. The Agency noted that there was no evidence that Complainant's records could not be transferred to the medical unit.
The instant appeal followed. In his appeal, Complainant appears to raise new issue involving incidents that occurred in 2014.
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).
In the instant case, we find the Agency has complied with the agreement. It provided documents showing Complainant was paid as promised, a 1099 form was issued to his attorney for his fees,1 the relevant officials took the required courses, and his leave was converted. Finally, we find no reason to disturb provision 3g.
To the extent Complainant is raising new matters on appeal, he must contact an EEO counselor if he wishes to pursue them.
The Agency's decision finding no breach 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 14, 2014
__________________
Date
1 Although a 1099 form was also sent to Complainant, we do not find this breached the agreement. The agreement was clear that it was making no representations about the tax consequences of the payment of attorney's fees, so Complainant and his attorney must resolve this issue themselves.
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0120142283
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
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0120142283