01a34236_r
12-12-2003
Margaret S. Robertson, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Margaret S. Robertson v. United States Postal Service
01A34236
December 12, 2003
.
Margaret S. Robertson,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Appeal No. 01A34236
Agency No. 1I-000-1458-93
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. On May
6, 1994, the parties entered into a settlement agreement resolving the
complaint. The settlement agreement provided, in pertinent part, that:
Whenever, management reassigns the complainant within her bid assignment
at the Kansas City Bulk Mail Center in a manner which she considers
to be discriminatory, she shall have seven (7) calendar days from the
date of such action to make a request in writing to the installation
head for a written explanation from management. Within seven calendar
days from the receipt of complainant's written request, management
will provide complainant a written explanation of the reasons for its
actions. If the complainant deems the explanation to be unacceptable,
she shall have the right to appeal the explanation in accordance with
the provisions of Title VII as amended under the CFR 29 � 1614.
Nine years later, on June 5, 2003, complainant alleged that the agency
breached the settlement agreement. Specifically, complainant indicated
that on May 15, 2003, she was subjected to a discriminatory assignment,
and she was not satisfied with management's explanation for such action.
On June 11, 2003, the agency issued its decision finding no breach.
The record contains a copy of management's letter dated June 3, 2003,
explaining that on May 15, 2003, complainant was assigned to the low
cost letter tray sorter, instead of the docks, because she arrived at
the OB Supervisor's desk 10 to 15 minutes later and the low cost letter
tray sorter needed additional help. Upon review, the Commission finds
that the agency did not breach the settlement agreement since management
provided complainant with its timely explanation concerning the alleged
assignment after complainant's request for such. To the extent that
complainant is alleging that a subsequent act of retaliation occurred,
i.e., concerning the instant assignment, she should contact an EEO
Counselor pursuant to 29 C.F.R. � 1614.105 if she wishes to pursue a
separate complaint of discrimination under 29 C.F.R. � 1614.106.
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
December 12, 2003
__________________
Date