01a03241
08-29-2000
Rosa M. Shelborne, Complainant, v. William J. Henderson, Postmaster General, United States Postal Service, Agency.
Rosa M. Shelborne v. United States Postal Service
01A03241
August 29, 2000
.
Rosa M. Shelborne,
Complainant,
v.
William J. Henderson,
Postmaster General,
United States Postal Service,
Agency.
Appeal No. 01A03241
Agency No. H0-0115-99
DECISION
Upon review, the Commission finds that complainant's claim of breach of
a settlement agreement was properly dismissed.<1> In a complaint dated
November 1, 1999,<2> the complainant alleged that the agency breached
the settlement agreement the parties entered into on October 29, 1998.
The agency's final decision found that complainant became aware of the
alleged settlement breach on January 19, 1999, but did not contact the
EEO office until April 7, 1999, well after the thirty (30) day limit set
forth in 64 Fed. Reg. 37,644, 37,660 (to be codified at and hereinafter
referred to as 29 C.F.R. � 1614.504(a)).
EEOC Regulation 29 C.F.R. � 1614.504(a) provides that if complainant
believes that the agency has failed to comply with the terms of the
settlement agreement or final decision, he or she shall notify the EEO
Director, in writing, of the alleged non-compliance within thirty (30)
days of when the complainant knew or should have known of the alleged
non-compliance. Based on a careful review of the record, we find that
complainant failed to raise her allegations of non-compliance in a
timely manner. As noted above, 29 C.F.R. � 1614.504(a) requires that
complainant notify the agency of the alleged non-compliance within
thirty (30) days of when the complainant knew or should have known
of the alleged non-compliance. On appeal, complainant notes that she
first became aware of the alleged breach in January 20, 1999, and rather
than contacting the EEO Director, complainant attempted to resolve the
issues on her own. Complainant contacted the EEO office on April 7,
1999 in order to file a formal compliant due to the agency's alleged
non-compliance. Accordingly, the agency's final decision dismissing
complainant's complaint is AFFIRMED.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0300)
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 64
Fed. Reg. 37,644, 37,659 (1999) (to be codified and hereinafter referred
to as 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 64 Fed. Reg. 37,644, 37,661 (1999) (to be codified and hereinafter
referred to as 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). COMPLAINANTS'
RIGHT TO FILE A CIVIL ACTION (S0400)
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
August 29, 2000
__________________
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
______________________________
1On November 9, 1999, revised regulations governing the EEOC's federal
sector complaint process went into effect. These regulations apply to all
federal sector EEO complaints pending at any stage in the administrative
process. Consequently, the Commission will apply the revised regulations
found at 64 Fed. Reg. 37,644 (1999), where applicable, in deciding the
present appeal. The regulations, as amended, may also be found at the
Commission's website at www.eeoc.gov.
2The record indicates that complainant filed an EEO complaint alleging
that the agency's failure to comply with the settlement agreement
was retaliation against complainant based on her prior EEO activity.
The agency accepted the complaint as a claim of breach of the settlement
agreement.