0120073344
10-30-2009
Robert M. Thomas, Complainant, v. John E. Potter, Postmaster General, United States Postal Service (Southwest Area), Agency.
Robert M. Thomas,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service
(Southwest Area),
Agency.
Appeal No. 0120073344
Agency No. 1G-787-0058-03
DECISION
Complainant filed a timely appeal with this Commission from a final
decision (FAD) by the agency dated June 27, 2007, finding that it was
in compliance with the terms of the April 25, 2005 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.
ISSUE PRESENTED
Whether the agency breached the terms of the settlement agreement when
it failed to reinstate complainant's medical restrictions, which caused
complainant to reinjure his back.
BACKGROUND
The settlement agreement provided, in pertinent part, that:
(A) The Agency shall issue a check to the complainant for a lump
sum in the amount of one thousand five hundred dollars ($1,500.00) in
exchange for a full and final release of any and all claims concerning
employment disputes asserted by the complainant against the agency in
the above-captioned matter.
By letter to the agency dated March 9, 2007, complainant alleged that the
agency breached the settlement agreement when it failed to reinstate his
restrictions, which caused him to reinjure his back. Complainant also
requested that the agency reinstate his EEO complaint.
In its June 27, 2007 FAD, the agency concluded that it did not breach
the agreement because it paid complainant $1,500.00.
On appeal, complainant contends that his underlying EEO complaint should
be reopened because he did not realize that the terms of the settlement
agreement did not provide that his permanent restrictions would be
reinstated. Complainant further contends that the reinstatement of his
restrictions was discussed during the hearing but not included in the
agreement. "I know that I signed the settlement, which was a bunch of
paperwork that I did not realize had not reinstated the restrictions,"
complainant maintains. Complainant's Brief, p. 2.
ANALYSIS AND FINDINGS
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. Department of Defense,
EEOC Request No. 05960032 (December 9, 1996). 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. United States Postal Service, 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, the agency agreed to pay complainant a lump sum
of $1,500.00. The record reveals that the agency paid complainant
$1,500.00 via check dated May 3, 2005. Complainant maintains that the
agency failed to reinstate his medical restrictions as discussed during
the hearing. However, the terms of the agreement do not provide for the
reinstatement of complainant's medical restrictions. The Commission has
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. Department of Veterans Affairs, EEOC Request No. 05900795
(August 23, 1990). Thus, if complainant wanted the agreement to
provide for the reinstatement of his medical restrictions, he should
have negotiated for the inclusion of such a term into the settlement
agreement. See Jenkins-Nye v. General Service Administration, EEOC
Appeal No. 01851903 (March 4, 1987). Further, we note that by signing
the agreement, complainant specifically attested that he read and fully
understood "the meaning and intent of this agreement, including but not
limited to its final and binding effect" and that "no other promises
or agreement shall be binding unless reduced to a writing and signed by
both parties. Settlement Agreement, p. 3. Accordingly, we find that the
agency properly found that it did not breach the terms of the settlement
agreement.
CONCLUSION
Accordingly, the Commission AFFIRMS the final agency decision finding
no breach of the settlement agreement.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M1208)
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 77960,
Washington, DC 20013. 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 (S0408)
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 (Z1008)
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 from the Court that
the Court appoint an attorney to represent you and that the Court also
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 with
the Court 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
________10/30/09__________
Date
2
0120073344
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
4
0120073344