01a32368_r
12-10-2003
Pamela A. Brown, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Pamela A. Brown v. United States Postal Service
01A32368
December 10, 2003
.
Pamela A. Brown,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Appeal No. 01A32368
Agency No. 4G-730-0024-02
DECISION
Complainant appealed the agency's decision not to reinstate her complaint
of unlawful employment discrimination that the parties had settled.
EEOC Regulation 29 C.F.R. � 1614.504 provides that if the complainant
believes that the agency failed to comply with the terms of a settlement
agreement, the complainant should notify the Director of Equal Employment
Opportunity, in writing, of the alleged noncompliance with the settlement
agreement, within thirty (30) days of when the complainant knew or should
have known of the alleged noncompliance. The complainant may request that
the terms of the settlement agreement be specifically implemented or,
alternatively, that the complaint be reinstated for further processing
from the point processing ceased.
The record indicates that on December 28, 2001, the parties entered into
a settlement agreement resolving complainant's complaint. The settlement
agreement provided, in pertinent part, that:
(Person A agrees that complainant will be schemed trained beginning
January 5, 2002, and complainant will have the opportunity to work scheme
job at least 30 hours within an AP.
(Person A and complainant agree that PTF's will be required to work
holidays in most cases. When it is possible for a PTF to be off on
a holiday these holidays off will be rotated between the PTF's to the
extent possible.
On June 20, 2002, complainant alleged that the agency breached the
settlement. Specifically, complainant indicated that she was not allowed
to work a scheme job at least 30 hours in AP 8 and 9. Complainant also
claimed that the agency failed to rotate PTFs for holidays off whenever
possible. Complainant indicated that on February 18, 2002, a PTF was off
on a holiday, and the same PTF was off on Christmas on December 25, 2001.
On July 22, 2002, the agency issued a decision finding that complainant's
notice of the alleged breach was untimely. Specifically, the agency
indicated that the alleged breach occurred at the end of AP 8 and 9,
FY 2002, which ended on April 19, 2002, and May 17, 2002, respectively.
The agency also indicated that the identified PTF was allegedly off on
February 18, 2002.
Upon review of the record, the Commission finds that complainant knew of
the alleged noncompliance with provision (1) on April 19 and May 17, 2002,
and with provision (2) on February 18, 2002. However, complainant did
not notify the agency of the alleged noncompliance until June 20, 2002,
which was beyond the 30-day time limitation. Thus, the Commission finds
that complainant failed to timely raise her claims of noncompliance with
the settlement agreement. On appeal, complainant does not present any
adequate justification to warrant an extension of the applicable time
limit for notifying the agency of its noncompliance of the settlement
agreement.
Accordingly, the agency's decision not to reinstate the settled matters
is AFFIRMED.<1>
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 10, 2003
__________________
Date
CERTIFICATE OF MAILING
For timeliness purposes, the Commission will presume that this decision
was received within five (5) calendar days after it was mailed. I certify
that this decision was mailed to complainant, complainant's representative
(if applicable), and the agency on:
__________________
Date
______________________________
1It is noted that on June 20, 2002, complainant also raised subsequent
acts of retaliation, which are being properly processed as a separate
complaint of discrimination, under Agency No. 4G-730-0102-02, pursuant
to 29 C.F.R. � 1614.106.