0120162144
09-09-2016
Miles N.,1 Complainant, v. Megan J. Brennan, Postmaster General, United States Postal Service (Eastern Area), Agency.
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
Miles N.,1
Complainant,
v.
Megan J. Brennan,
Postmaster General,
United States Postal Service
(Eastern Area),
Agency.
Appeal No. 0120162144
Agency No. 4C440006513
DECISION
Complainant filed a timely appeal with this Commission from a final decision by the Agency dated May 24, 2016.
Sometime in March or April 2013, Complainant apparently sought EEO counseling alleging harassment by a temporary supervisor. On May 10, 2013, mediation was held to resolve the matter. Complainant asserts that there was a verbal settlement agreement made during mediation. However, any agreement reached was not reduced to writing.
Instead, the record contains a copy of a withdrawal form, signed by Complainant on May 10, 2013, indicating he was "voluntarily withdraw[ing]" his claim and waiving his right to further consideration of it in the EEO complaint process.
Three years later, in a May 3, 2016 letter to the Agency, Complainant requested that the agreement reached during the May 2013 mediation be formalized in writing.
In its May 24, 2016 decision, the Agency concluded that a settlement agreement was never reached and that Complainant withdrew his EEO claim in writing. Therefore, the Agency concluded that to the extent the Complainant was asserting a breach of a settlement agreement with the Agency, there was nothing to breach. The Agency also noted that Complainant was raising his concerns three years after the mediation, and as such any breach allegations were untimely raised.
The instant appeal followed.
ANALYSIS
Complainant is appealing the Agency's denial of his request to formalize in writing what he characterizes as a verbal agreement reached three years prior in exchange for his withdrawal of his EEO claim. 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 in the EEO complaint process, shall be binding on both parties. However, the regulations go on to provide that "[a]ny settlement reached shall be in writing and signed by both parties and shall identify the allegations resolved." 29 C.F.R. � 1614.603. The Commission has previously upheld an oral settlement agreement in one narrow circumstance: where an agreement was formed during a hearing before an EEOC Administrative Judge and transcribed by a court reporter. Acree v. Department of the Navy, EEOC Request No. 05900784 (October 4, 1990). In the instant matter, we find that there is no written settlement agreement of an EEO complaint as provided for in �1614.603 and that there is no valid oral settlement agreement as described in Acree. As such, there exists no agreement enforceable against the Agency.
Moreover, we note Complainant waited three years to raise his concerns regarding the lack of a written agreement. We also find he untimely raised his concerns.
Accordingly, the Agency's decision 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
September 9, 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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