01a20588_r
02-21-2002
Gregory B. Owens, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Gregory B. Owens v. United States Postal Service
01A20588
February 21, 2002
.
Gregory B. Owens,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Appeal No. 01A20588
Agency No. 1K-211-0079-01
DECISION
Upon review, the Commission finds that the agency's decision not to
reinstate complainant's complaint of unlawful employment discrimination
that the parties had settled is proper. See 29 C.F.R. � 1614.504.
The record indicates that on July 11 and 13, 2001, complainant and the
agency, respectively, signed a settlement agreement which provided,
in pertinent part, that:
Complainant shall be made whole for all lost time from March 23, 2001,
through April 12, 2001, and from April 17-26, 2001. Pay employee four
(4) hours a day Administrative Leave for the stated period.
On July 19, 2001 and August 26, 2001, complainant indicated that he signed
the settlement agreement under duress and he filed another EEO complaint
thereafter. On September 25, 2001, the agency stated that complainant
was not coerced, forced or put under duress by the agency to sign the
settlement agreement on July 11, 2001, which he mailed back to the
agency's EEO Office, by certified mail. The agency also indicated that
it was not able to make pay adjustment under the settlement agreement
due to complainant's failure to provide its requested information,
i.e., concerning his pay stubs for the time period in question.
On appeal, complainant, filing a notice of appeal, does not raise any
new contentions. In response to complainant's appeal, the agency states
that despite a lack of the requested information, complainant has been
reimbursed for �all lost hours� via �administrative leave� effective
pay period 25, November 23, 2001.
Upon review, the Commission finds that the record, undisputed by
complainant, indicates that complainant was paid for the lost hours at
issue under the settlement agreement. The Commission also finds that
there is no evidence in the record that complainant was under duress or
coercion at the time of the settlement agreement. See Love v. United
States Postal Service, EEOC Appeal No. 01893655 (October 19, 1989)
(where complainant entered into the settlement agreement willingly,
the Commission found no reason to void the settlement agreement).
Accordingly, the agency's decision is hereby 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
February 21, 2002
__________________
Date