01A22673_r
09-24-2002
Kenneth M. Harris, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Kenneth M. Harris v. United States Postal Service
01A22673
September 24, 2002
.
Kenneth M. Harris,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Appeal No. 01A22673
Agency Nos. 4E-995-0034-99
4E-995-0015-00
DECISION
Complainant filed a timely appeal with this Commission from the final
agency decision dated March 20, 2002, regarding a claimed breach of an
oral settlement agreement. The issue presented on appeal is whether the
parties entered into a binding settlement agreement.
Complainant contends that the parties entered into an oral settlement
agreement regarding two EEO complaints: Agency Nos. 4E-995-0034-99
and 4E-995-0015-00. Complainant alleged that the agency breached the
settlement agreement when it failed to pay him $60,000 in settlement of
his complaints, as purportedly provided by the oral agreement. In its
decision, the agency found that there was no formal written settlement
agreement, and refused complainant's request to implement the purported
oral agreement.
Upon review of the record and the arguments of both parties, we find
that there was no binding settlement agreement. The record reveals
that the purported agreement was not reduced to writing as required
by 29 C.F.R. 1614.603. The Commission has only upheld the validity of
a settlement agreement entered into orally in one type of situation,
i.e., when a verbal agreement is reached during a hearing before an EEOC
Administrative Judge. Acree v. Department of the Navy, EEOC Request
No. 05900784 (October 4, 1990). In upholding the validity of the oral
agreement in Acree, the Commission relied on the fact that the hearing
transcript evidenced the agreement between the parties.
In the present case, there is no writing to rely on, nor do we have a
hearing transcript or its equivalent on which to bind the parties. With
regard to complainant's claim that a document faxed by him to the
agency evidenced the existence of an agreement, we determine that the
referenced document was merely complainant's proposal to settle and
does not evidence a final agreement between the parties. We note that
on appeal, complainant acknowledges that �the agency's representative
refused to sign� his proposed agreement. EEOC Regulations require not
only that settlement agreements be written, but also that they be signed
by both parties. 29 C.F.R. � 1614.603. Absent written confirmation
of the terms of an agreement, the Commission is unable to enforce a
settlement agreement. Therefore, the agency's decision finding that
there was no binding settlement agreement 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
September 24 ,2002
__________________
Date