David L. Szprejda, Complainant,v.John E. Potter, Postmaster General, United States Postal Service, Agency.

Equal Employment Opportunity CommissionSep 7, 2001
01A13497_r (E.E.O.C. Sep. 7, 2001)

01A13497_r

09-07-2001

David L. Szprejda, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.


David L. Szprejda v. United States Postal Service

01A13497

September 7, 2001

.

David L. Szprejda,

Complainant,

v.

John E. Potter,

Postmaster General,

United States Postal Service,

Agency.

Appeal No. 01A13497

Agency No. 4-I-530-0018-01

DECISION

Complainant appealed to this Commission from the agency's final

decision, dated April 23, 2001, finding no breach of the November 30,

2000 settlement agreement into which the parties entered. The settlement

agreement provided, in pertinent part, that, �[a named management official

(M1)] agrees to conduct floor talks at least once a week starting the

week after Christmas for at least 3 months.�

By letter dated January 15, 2001, complainant informed the agency that no

floor talks had been conducted. Complainant sent a second letter, dated

March 20, 2001, noting that only three floor talks were conducted, and

requesting that the agency reinstate his complaint. In a third letter,

dated April 12, 2001, complainant noted that the agreement provided for

M1 to conduct the floor talks, and again requested reinstatement of the

settled matter.

In its April 23, 2001 decision, the agency acknowledged that management

failed to begin the weekly floor talks until January 25, 2001, and failed

to hold them every week thereafter for three months. The agency noted

that floor talks were conducted on January 25, January 31, February 8,

February 14, February 22, and March 26, 2001. It explained that M1

could not begin the talks on time, nor conduct all of the talks held,

because of an illness in his family. The agency found, however, that

it was in compliance with the agreement since M1 began the talks, and

agreed to extend them for three additional months, starting in April 2001.

On appeal, complainant argues that the agreement provides for M1 to

conduct the talks because any other presenter would only �read off a

paper and not discuss the problems.� He notes that only three talks were

conducted by M1, and contends that allowing other officials to facilitate

the talks breached the agreement. Complainant argues that he was never

informed of M1's scheduling dilemma, that no talks were held until after

complainant initially claimed breach, and that the talks were not held

weekly in March 2001.

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.

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 ascertaining the intent of the parties with

regard to the terms of a settlement agreement, the Commission generally

has 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 (5th Cir. 1984).

In the instant case, the agency breached the agreement by not conducting

the floor talks as often as specified in the agreement, and by allowing

other officials to conduct them. The agreement clearly provides for M1

to conduct the talks, but the agency admits that other officials have

conducted several of the talks, and will continue to do so in the future.

As a result, the agency has breached the agreement, and must reinstate

the settled matter.

CONCLUSION

Accordingly, the agency's decision is REVERSED, and the matter is REMANDED

for reinstatement of the underlying matter.

ORDER

The agency must reinstate the settled matter from the point processing

ceased. Within thirty (30) calendar days of the date this decision

becomes final, the agency must provide complainant with written

notification that the settled matter is reinstated, and begin processing

the matter in accordance with EEOC Regulations. Further, the agency must

forward a copy of the written notification to the Compliance Officer as

provided 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

September 7, 2001

__________________

Date