0120180322
02-09-2018
Oliver M,1 Complainant, v. Steven T. Mnuchin, Secretary, Department of the Treasury (U.S. Mint), Agency.
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
Oliver M,1
Complainant,
v.
Steven T. Mnuchin,
Secretary,
Department of the Treasury
(U.S. Mint),
Agency.
Appeal No. 0120180322
Agency No. MINT160796
DECISION
Complainant filed a timely appeal with the Equal Employment Opportunity Commission (EEOC or Commission) from a final decision (FAD) by the Agency dated October 25, 2017, 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 in an unidentified position at the Coin Department of the US Mint in Philadelphia, Pennsylvania. Believing that the Agency subjected him to unlawful discrimination, Complainant contacted an Agency EEO Counselor to initiate the EEO complaint process. On December 13, 2016, Complainant and the Agency entered into a settlement agreement to resolve the matter. The settlement agreement provided, in pertinent part, that:
(a) The Agency will provide a 90-day detail to the Complainant in the die manufacturing department at the United States Mint in Philadelphia;
(b) The detail will begin on January 23, 2017 and will continue up to 90-days (until April 23, 2017) provided that each step in the die manufacturing MCAP program is being completed satisfactorily;
(c) The Agency agrees to allow Complainant to commence the detail as a WG-08, with save pay;
(d) In the event that Complainant tests out of the WG-08, he will move onto the next step, which is the WG-09 (within the 90 day detail period). In the event that Complainant completes the WG-09, he will move to the WG-10 within the 90-day period;
(e) Upon completion of the detail, Complainant will revert back to his position of record (unless he applied for and is selected for another position or is asked specifically to stay).
By email to the Agency dated October 12, 2017, Complainant alleged that the Agency was in breach of the settlement agreement, and requested that the Agency specifically implement its terms. Specifically, Complainant alleged that following the completion of the 90-day detail he was offered the opportunity to stay on in the same position indefinitely, which he accepted. Complainant was informed by the Human Resources Department that the pay retention he had received during the 90-day detail would continue. Complainant worked for an additional ten months in the position and continued to receive pay retention until a new Plant Manager required Complainant to choose between accepting a WG-08 position in the Die Shop without pay retention, or returning to his old WG-10 position in the Coin department. Complainant accepted the WG-08 position in the Die Shop but stated that he was doing so under duress.
In its October 25, 2017 FAD, the Agency concluded there was no breach of the 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, we note that the Settlement Agreement is silent regarding whether or not Complainant would receive pay retention after the original 90-day detail expired. Complainant is referring to events that occurred approximately 10 months after the terms addressed in the Agreement had ended, events that are not addressed in the Agreement. On appeal, Complainant submits an affidavit from his representative claiming that a former Agency EEO representative told Complainant and his representative that Complainant "would receive pay retention for 2 years." We note that, as stated above, the Commission generally relies on the plain meaning rule which 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. Since the Agreement itself is plain and unambiguous and does not contain language stipulating that Complainant would receive pay retention for two years, Complainant may not rely on extrinsic evidence such as verbal promises that may have been made by the former Agency EEO representative or anyone else. We therefore find no breach of the Agreement.
CONCLUSION
The FAD is AFFIRMED.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0617)
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. A party shall have twenty (20) calendar days of receipt of another party's timely request for reconsideration in which to submit a brief or statement in opposition. 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. Complainant's request 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 agency's request must be submitted in digital format via the EEOC's Federal Sector EEO Portal (FedSEP). See 29 C.F.R. � 1614.403(g). 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
February 9, 2018
__________________
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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