0120160480
05-03-2016
Kasie L.,1 Complainant, v. Megan J. Brennan, Postmaster General, United States Postal Service (Great Lakes Area), Agency.
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
Kasie L.,1
Complainant,
v.
Megan J. Brennan,
Postmaster General,
United States Postal Service
(Great Lakes Area),
Agency.
Appeal No. 0120160480
Agency No. 4J481011015
DECISION
Complainant filed a timely appeal with this Commission from a Letter of Determination (Letter) by the Agency dated November 5, 2015, finding that it was in compliance with the terms of the settlement agreement into which the parties entered. See 29 C.F.R. � 1614.402; 29 C.F.R. � 1614.504(b); and 29 C.F.R. � 1614.405.
BACKGROUND
At the time of events giving rise to this complaint, Complainant worked as a City Carrier at a facility unidentified in the record. Believing that the Agency subjected her to unlawful discrimination, Complainant contacted an Agency EEO Counselor to initiate the EEO complaint process. On September 2, 2015, Complainant and the Agency entered into a settlement agreement to resolve the matter. The settlement agreement provided, in pertinent part, that:
(1) Management agrees to adjust [Complainant's] seniority date and number to reflect 2/22/14, Rank TBD (to be determined) within 30 days;
(2) Management will provide [Complainant] a Form 50 within 30 days;
(3) Management & HR reviewed the records. [Complainant]'s start date was 11/01/2004. Ms. ___________'s (CW, a coworker) start date was 9/06/05. [Complainant] has greater seniority under the National Agreement than [CW];
(4) Management will review and investigate [Complainant's] eligibility for OT from April through Sept. [sic] 2-15 within 30 days, and advise [Complainant].
Complainant sent a letter to the Agency dated October 27, 2015, wherein Complainant appears to be complaining that the Agency breached the Collective Bargaining Agreement between the Agency and an employee Union. The Agency treated this letter as an allegation of breach of the settlement agreement, and in its November 5, 2015 Letter, the Agency concluded that there was no breach of the settlement agreement.
ANALYSIS
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. Dep't of Def., 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. Dep't 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. U.S. Postal Serv., 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, Complainant appears to be alleging that the Agency breached its Collective Bargaining Agreement with the Union, not the settlement agreement she made with the Agency. Complainant's October 27, 2015 letter states:
I had a[n] EEO mediation and official agreement that has already been sign[ed] ... September 2, 2015 that was determine[d] I had more seniority than [CW]. My start date was 11/01/2004. [CW]'s start date was 09/06/05 and mine was greater seniority under the National Agreement than [CW] after meeting concluded. Almost a month later, [a manager] is saying [CW] has more seniority with Relative Standing T.E. time more than I have. But during [CW] T.E. [sic] time she did not have any 5 day breaks. Which violate[s] the Union Contract Agreement and her husband was the (her) supervisor at the time.
The Agency found that, as per the settlement agreement, Complainant's seniority date was adjusted to February 22, 2014, a Form 50 was sent to Complainant in the mail, and in accordance with clause 4 of the settlement agreement, an Agency manager "has investigated and reviewed your eligibility for overtime for the time period of April-September 2015 and has found that - based on your respective Seniority Ranking - you are not entitled to any additional overtime pay." Letter, p. 2. The Agency concluded that there was therefore no breach of the settlement agreement. Following a review of the record we agree that Complainant has not established, by a preponderance of the evidence, that a breach occurred. Complainant has not identified a specific clause or term of the settlement agreement that was allegedly breached. To the extent Complainant is alleging a breach of the Collective Bargaining Agreement, we note that this Commission has no authority to enforce the terms of such an Agreement. To the extent Complainant is alleging a breach of the settlement agreement, we discern no breach.
CONCLUSION
The Letter is AFFIRMED.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0416)
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), at Chap. 9 � VII.B (Aug. 5, 2015). All requests and arguments must be submitted to the Director, Office of Federal Operations, Equal Employment Opportunity Commission. The requests may be submitted via regular mail to P.O. Box 77960, Washington, DC 20013, or by certified mail to 131 M Street, NE, Washington, DC 20507. 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 (S0610)
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 (Z0815)
If you want to file a civil action but cannot pay the fees, costs, or security to do so, you may request permission from the court to proceed with the civil action without paying these fees or costs. Similarly, if you cannot afford an attorney to represent you in the civil action, you may request the court to appoint an attorney for you. You must submit the requests for waiver of court costs or appointment of an attorney directly to the court, not the Commission. The court has the sole discretion to grant or deny these types of requests. Such requests do not alter the time limits for filing a civil action (please read the paragraph titled Complainant's Right to File a Civil Action for the specific time limits).
FOR THE COMMISSION:
______________________________ Carlton M. Hadden's signature
Carlton M. Hadden, Director
Office of Federal Operations
May 3, 2016
__________________
Date
1 This case has been randomly assigned a pseudonym which will replace Complainant's name when the decision is published to non-parties and the Commission's website.
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