01A22585_r
03-26-2003
Gloria C. Parker-Allen, Complainant, v. John W. Snow, Secretary, Department of the Treasury, Agency.
Gloria C. Parker-Allen v. Department of the Treasury
01A22585
March 26, 2003
.
Gloria C. Parker-Allen,
Complainant,
v.
John W. Snow,
Secretary,
Department of the Treasury,
Agency.
Appeal No. 01A22585
Agency No. TD-02-1049B
DECISION
Complainant filed a timely appeal with this Commission from a final
decision by the agency dated March 13, 2002, finding that it was in
compliance with the terms of the January 4, 2002 settlement agreement
into which the parties entered.
The settlement agreement provided, in pertinent part, that:
(1) The Agency agrees:
No later than thirty days after the designated management official has
approved the settlement agreement, the Deputy Chief Counsel, [Person
A], will give Employee a favorable Letter of Reference setting forth
the dates of employment, position, grade and performance appraisals;
........................
By letter to the agency dated February 5, 2002, complainant alleged that
the agency was in breach of the settlement agreement. Specifically,
complainant alleged that the agency failed to provide the Letter of
Reference.
In its March 13, 2002 decision, the agency acknowledged that complainant
did not receive the Letter of Reference within the thirty-day time frame,
but stated that this was an oversight which
was cured upon notification of the breach. The agency stated that on
February 6, 2002, complainant was provided a Letter of Reference signed
by the Deputy Chief Counsel on January 7, 2002. Therefore, the agency
concluded that it is now in full compliance with the settlement agreement.
The record contains a letter signed by the Director of Workplace
Fairness and Alternative Resolutions dated February 6, 2002, stating
that complainant was sent a Letter of Reference signed by the Deputy
Chief Counsel on January 7, 2002. The agency explained that although
the letter was signed by the Deputy Chief Counsel on January 7, 2002,
there was miscommunication pertaining to the actual mailing out of the
letter. In addition, the record contains a copy of the actual Letter
of Reference for complainant dated January 7, 2002, and signed by the
Deputy Chief Counsel.
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 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 present case, the agency admits that it did not provide the Letter
of Reference within the thirty-day time frame specified in the agreement.
However, to the extent that the agency breached provision (1)(C) of
the agreement, the record indicates that the agency cured its breach
by providing complainant the Letter of Reference in February 2002.
Complainant does not contend that the agency acted in bad faith in
delaying the Letter of Reference and she does not allege that she suffered
any harm as a result of the delay. Thus, we determine that the agency
has substantially complied with provision (1)(C) of the agreement.
Accordingly, the agency's final decision 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 26, 2003
__________________
Date