01A12776_r
10-11-2001
Laverne Hines, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Laverne Hines v. United States Postal Service
01A12776
October 11, 2001
.
Laverne Hines,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Appeal No. 01A12776
Agency No. 4-J-604-0039-01
DECISION
The record indicates that complainant appeals from the agency's decision
not to reinstate her complaint of unlawful employment discrimination that
the parties had settled. See 29 C.F.R. � 1614.504. The record indicates
that on December 14, 2000, the parties entered into a settlement agreement
resolving complainant's complaint. The settlement agreement provided,
in pertinent part, that:
Three identified agency officials, including complainant, shall meet
over the next 30 days and make a good faith effort to develop agreeable
standards or rules for when management's personal notes will be introduced
in grievance cases;
All pending grievances by complainant will be remanded back for
withdrawal;
The agency officials, described above, including complainant, �shall
meet over the next 30 days and make a good faith effort to establish a
system or model for a discussion group to be tried to deal with grievances
between level 1 and 2 as a means to increase communication and improve
fairness in decision making by management [and] labor alike;�
Complainant's OPF shall have in it two letters of warning. �The
suspension is being replaced by a 9 month letter of warning to run
from this date. The existing letter of warning shall be for 6 [months]
from this date.�
On January 12, 2001, complainant alleged that the agency breached items 1,
3, and 4 of the settlement agreement. Specifically, complainant indicated
that there was a meeting on January 9, 2001, in accordance with items
1 and 3 of the settlement agreement, but no resolution took place.
Complainant also indicated that the agency breached item 4 of the
settlement agreement because her OPF did not reflect the replacement
of letters of warning. On March 1, 2001, the agency stated that it did
not breach the settlement agreement.
With regard to items 1 and 3 of the settlement agreement, the Commission
finds that although complainant was not satisfied with the outcome of
the meeting held on January 9, 2001, complainant was not guaranteed a
favorable result from the meetings required by provisions 1 and 3 of the
settlement agreement. Since there is no evidence in the record that the
agency acted in bad faith during the meetings, the Commission finds that
the agency did not breach items 1 and 3 of the agreement.
With regard to item 4, the agency failed to address, and the record
fails to show, whether the agency complied with provision 4 by replacing
complainant's suspension and letter of warning to a 9 month letter
of warning. Based on the foregoing, the Commission cannot determine
whether the agency breached item 4 of the settlement agreement.
The agency's finding that the agency did not breach provisions 1 and 3 of
the settlement agreement is AFFIRMED. The agency's decision regarding
provision 4 of the settlement agreement is VACATED and the matter is
REMANDED back to the agency for further processing in accordance with
the Order below.
ORDER
The agency shall provide in the record evidence which demonstrates
whether item 4 of the December 14, 2000 settlement agreement has been
implemented. Based on the foregoing information, the agency, within
thirty (30) calendar days of the date this decision becomes final,
shall issue a decision on whether the agency has breached provision 4
of the settlement agreement. A copy of the agency's decision and/or the
agency's letter of complaint reinstatement must be sent to the Compliance
Officer as referenced below.
IMPLEMENTATION OF THE COMMISSION'S DECISION (K0501)
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 complainant. If the agency does not comply with the Commission's
order, the complainant may petition the Commission for enforcement
of the order. 29 C.F.R. � 1614.503(a). The complainant 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. �� 1614.407, 1614.408, and 29 C.F.R. � 1614.503(g).
Alternatively, the complainant 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. �� 1614.407 and 1614.408.
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)
(1994 & Supp. IV 1999). If the complainant files a civil action, the
administrative processing of the complaint, including any petition for
enforcement, will be terminated. See 29 C.F.R. � 1614.409.
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 (T0900)
This decision affirms the agency's final decision/action in part, but it
also requires the agency to continue its administrative processing of a
portion of your complaint. 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 on both that portion
of your complaint which the Commission has affirmed and that portion
of the complaint which has been remanded for continued administrative
processing. 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 your appeal with the Commission, until
such time as the agency issues its final decision on your complaint.
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
October 11, 2001
__________________
Date