01A34737_r
12-02-2003
Dyanna Aldridge, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Dyanna Aldridge v. United States Postal Service
01A34737
December 2, 2003
.
Dyanna Aldridge,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Appeal No. 01A34737
Agency No. 1A-077-0012-03
DECISION
Complainant filed a timely appeal with this Commission from the agency's
final decision dated September 5, 2003, finding that it was in compliance
with the terms of a May 28, 2003 settlement agreement. See 29 C.F.R. �
1614.402; 29 C.F.R. � 1614.504(b); and 29 C.F.R. � 1614.405.
The May 28, 2003 settlement agreement provided, in pertinent part, that:
(2) The counselee will have continuation of schedule change 7am-3:30pm
until Aug. 23, 2003.
By letter to the agency dated July 8, 2003, complainant alleged that the
agency breached provision (2). Specifically, complainant claimed that on
June 25, 2003, she received two letters: one from her Supervisor stating
that she would be no longer be accommodated on Tour 2; and one from
the Plant Manager stating she has no intention to honor the settlement
agreement. Further, complainant claimed that on several occasions she
was dismissed from work either without pay or forced to use her leave
prior to the end of her schedule although work was available. Complainant
requested that her complaint be reinstated for further processing.
In its September 5, 2003 final decision, the agency found no breach of
provision (2). The agency determined that the Plant Manager stated
that the settlement agreement was honored. The agency further determined
that the Plant Manager also stated that complainant was kept on Tour 2
with work hours of 7am-3:30pm following the execution of the agreement,
until August 23, 2003. Furthermore, the agency stated that the Plant
Manager stated that on several occasions, complainant was dismissed
from work prior to the end of her scheduled tour, but that on such
occasions, complainant was given the option to request sick leave
and/or annual leave. The agency determined that despite the fact
that complainant worked less than eight hours on eight separate days,
she was scheduled to work 7am - 3:30pm as agreed. The agency determined
that management's decision to dismiss her from work prior to the end of
her tour was a business decision and not based on noncompliance of the
settlement agreement.
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 Commission determines that the record in this
case contains insufficient evidence for us to determine whether a breach
of the instant settlement agreement has occurred. We note, for example,
that the agency's final decision finding no breach is predicated upon
statements by the Plant Manager. However, the record contains no affidavit
from the Plant Manager indicating that she purportedly fulfilled the
obligations under the terms of the settlement agreement. Given this lack
of evidence, we are unable to ascertain whether the agency complied with
the settlement agreement. Accordingly, the agency's finding of no breach
of the settlement agreement is VACATED. This matter is REMANDED to the
agency for further processing in accordance with the ORDER below.
ORDER
The agency is ORDERED to take the following action:
The agency shall supplement the record with evidence clearly showing
that it has complied with provision (2) of the settlement agreement. The
supplementation of the record shall include any documentation, such as an
affidavit from the agency's Plant Manager, indicating whether complainant
had a scheduled tour 7am-3:30pm following the execution of the settlement
agreement until August 23, 2003. Within thirty (30) calendar days of the
date this decision becomes final, the agency shall issue a new decision
concerning whether it breached the May 28, 2003 settlement agreement.
A copy of the agency's new decision must be sent to the Compliance
Officer as referenced herein.
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
December 2, 2003
__________________
Date