01982348
02-24-1999
Henry A. Singleton, Appellant, v. William J. Henderson, Postmaster General, United States Postal Service, Agency.
Henry A. Singleton v. United States Postal Service
01982348
February 24, 1999
Henry A. Singleton, )
Appellant, )
)
v. ) Appeal No. 01982348
) Agency No. 1D-234-1043-96
William J. Henderson, )
Postmaster General, )
United States Postal Service, )
Agency. )
)
DECISION
The record shows that appellant and the agency entered into a settlement
agreement in November 1997, while appellant's complaint was pending
before an EEOC Administrative Judge (AJ). On November 20, 1997, the AJ
issued an Order of Dismissal dismissing the case on the basis that the
parties had settled.
By letter to the AJ, dated January 19, 1998, appellant noted that although
he was to be offered casual employment pursuant to the agreement, the
agency had disqualified him for employment in a letter dated January
5, 1998. In a January 30, 1998 Memorandum, the AJ treated appellant's
letter as a request for a determination on the agency's compliance with
the terms of the settlement agreement and forwarded the Memorandum,
the settlement agreement, and appellant's January 19, 1998 letter to
the Office of Federal Operations. The AJ indicated that a copy of
the Memorandum was being sent to a named individual in the agency.
On February 5, 1998, the AJ's Memorandum, a copy of the settlement
agreement, and appellant's letter were received by the Commission.
Upon receipt of the AJ's Memorandum, the Commission opened the instant
docket number, EEOC Appeal No. 01982348, and in a February 10, 1998
letter, informed the agency that an appeal was filed by appellant.
The agency's complaint file was requested. In an April 3, 1998 letter to
the Office of Federal Operations, the agency stated it had no idea what
appellant's concerns were and that it was not provided with a copy of
appellant's appeal. The agency further stated that neither appellant
nor his representative had contacted its Labor Relations office or
EEO office to discuss any concerns regarding the settlement agreement.
Because appellant allegedly did not notify the agency of the alleged
breach, the agency requested in its April 3, 1998 letter that the appeal
be dismissed.
EEOC Regulation 29 C.F.R. �1614.504(a) provides that any settlement
agreement knowingly and voluntarily agreed to by the parties shall be
binding on both parties. That section further provides that if the
complainant believes that the agency failed to comply with the terms
of a settlement agreement, the complainant shall notify the Director
of Equal Employment Opportunity of the alleged noncompliance with the
settlement agreement. The complainant may request that the terms of
the settlement agreement be specifically implemented or request that the
complaint be reinstated for further processing from the point processing
ceased. 29 C.F.R. �1614.504(a).
EEOC Regulation �1614.504(b) provides that the agency shall resolve the
matter and respond to the complainant, in writing. If the agency has
not responded to the complainant, in writing, or if the complainant
is not satisfied with the agency's attempt to resolve the matter,
the complainant may appeal to the Commission for a determination as
to whether the agency has complied with the terms of the settlement
agreement or final decision. The complainant may file such an appeal
35 days after he or she has served the agency with the allegations of
noncompliance, but must file an appeal within 30 days of his or her
receipt of an agency's determination. The complainant must serve a copy
of the appeal on the agency and the agency may submit a response to the
Commission within 30 days of receiving notice of the appeal.
It appears that appellant failed to notify the agency of his breach
allegations prior to submitting the matter to the Commission.
Upon review, we find that the record is insufficient to allow us to
determine whether the agency has complied with the terms of the settlement
agreement. Accordingly, the Commission hereby remands the matter to
the agency for a determination addressing whether it has complied with
the settlement agreement. See Brodziak v. U.S. Postal Service, EEOC
Appeal NO. 01965829 (October 15, 1997). Appellant's breach allegation
is REMANDED to the agency for further processing in accordance with the
Order below.
ORDER
Within thirty (30) calendar days of the date this decision becomes final,
the agency shall issue a final decision on appellant's claim that the
agency breached the settlement agreement. A copy of the agency's final
decision and/or letter reinstating the complaint must be sent to the
Compliance Officer as referenced below.
IMPLEMENTATION OF THE COMMISSION'S DECISION (K0595)
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 appellant. If the agency does not comply with the Commission's
order, the appellant may petition the Commission for enforcement of
the order. 29 C.F.R. �1614.503 (a). The appellant 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. �� 1614.408, 1614.409, and 1614.503 (g). Alternatively,
the appellant 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. �� 1614.408 and 1614.409. 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) (Supp. V 1993). If the
appellant files a civil action, the administrative processing of the
complaint, including any petition for enforcement, will be terminated.
See 29 C.F.R. �1614.410.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0795)
The Commission may, in its discretion, reconsider the decision in this
case if the appellant or the agency submits a written request containing
arguments or evidence which tend to establish that:
1. New and material evidence is available that was not readily available
when the previous decision was issued; or
2. The previous decision involved an erroneous interpretation of law,
regulation or material fact, or misapplication of established policy; or
3. The decision is of such exceptional nature as to have substantial
precedential implications.
Requests to reconsider, with supporting arguments or evidence, MUST
BE FILED WITHIN THIRTY (30) CALENDAR DAYS of the date you receive this
decision, or WITHIN TWENTY (20) CALENDAR DAYS of the date you receive
a timely request to reconsider filed by another party. Any argument in
opposition to the request to reconsider or cross request to reconsider
MUST be submitted to the Commission and to the requesting party
WITHIN TWENTY (20) CALENDAR DAYS of the date you receive the request
to reconsider. See 29 C.F.R. �1614.407. All requests and arguments
must bear proof of postmark and 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 filed on the date it is received
by the Commission.
Failure to file within the time period will result in dismissal of your
request for reconsideration as untimely. If extenuating circumstances
have prevented the timely filing of a request for reconsideration,
a written statement setting forth the circumstances which caused the
delay and 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).
RIGHT TO FILE A CIVIL ACTION (R0993)
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. It is the position of the Commission that 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. You should be aware, however, that courts in some
jurisdictions have interpreted the Civil Rights Act of 1991 in a manner
suggesting that a civil action must be filed WITHIN THIRTY (30) CALENDAR
DAYS from the date that you receive this decision. To ensure that your
civil action is considered timely, you are advised to file it WITHIN
THIRTY (30) CALENDAR DAYS from the date that you receive this decision
or to consult an attorney concerning the applicable time period in the
jurisdiction in which your action would be filed. 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 (Z1092)
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:
Feb 24, 1999
DATE Ronnie Blumenthal, Director
Office of Federal Operations