01984700
07-13-2000
Dennis Thompson, Complainant, v. William J. Henderson, Postmaster General, United States Postal Service, Agency.
Dennis Thompson v. United States Postal Service
01984700
July 13, 2000
Dennis Thompson, )
Complainant, )
)
v. ) Appeal No. 01984700
) Agency No. 4-H-330-1404-95
William J. Henderson, )
Postmaster General, )
United States Postal Service, )
Agency. )
____________________________________)
DECISION
Complainant filed an appeal with this Commission from an agency's decision
dated April 16, 1998 notifying complainant that �no action [will be]
taken by this office to open your complaint�, because his breach of
settlement claim concerned an agreement reached during the discussion
of a grievance. The Commission determines that in its decision, the
agency in essence dismissed the claim. The Commission accepts the appeal
in accordance with 64 Fed. Reg. 37,644, 37,659 (1999)(to be codified at
The settlement agreement, in resolution of a grievance filed by
complainant, provided in pertinent part, that:
Posting and filling of positions will be accomplished in accordance with
the applicable provisions of the Collective Bargaining Agreement.
The agreement was identified as a �pre-arbitration settlement� in
resolution of a grievance filed by complainant (No. U9S-0391-CS); and was
addressed to the General President of the American Postal Workers Union,
Miami Area Local.
By letter to the agency dated March 21, 1998, complainant alleged that the
agency was in breach of the settlement agreement. Complainant requested
that the agency provide him lost annual leave and pay.
In the instant case, complainant alleged that the agency has not complied
with the March 5, 1997 settlement agreement in resolution of a grievance
he had filed. The Commission has held that a complainant may not
use the EEO process to obtain compliance with a grievance settlement.
See Quezada v. United States Postal Service, EEOC Request No. 05930175
(August 12, 1993). The Commission finds that complainant is attempted to
use the EEO process to obtain compliance with the agreement reached during
the settlement of a grievance. The Commission determines that because
the sole issue here is whether the agency breached the pre-arbitration
settlement, we find that determination is best left to the grievance
process within which the grievance settlement was initially reached.
See McElreath v. USPS, EEOC Appeal No. 01934189 (November 9, 1993).
Such a claim is outside the purview of the EEO process. Accordingly,
the agency's decision to dismiss complainant's claim was proper and is
hereby AFFIRMED.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0300)
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 64
Fed. Reg. 37,644, 37,659 (1999) (to be codified and hereinafter referred
to as 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 64 Fed. Reg. 37,644, 37,661 (1999) (to be codified and hereinafter
referred to as 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).
COMPLAINANTS' RIGHT TO FILE A CIVIL ACTION (S0400)
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:
July 13, 2000 ____________________________
Date Carlton M. Hadden, Acting Director
Office of Federal Operations