01a30447_r
03-05-2003
Scott D. Welcome, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Scott D. Welcome v. United States Postal Service
01A30447
March 5, 2003
.
Scott D. Welcome,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Appeal No. 01A30447
Agency Nos. 4B-018-0102-00 & 4B-018-0064-02
DECISION
Upon review, the Commission finds that the agency's decision not to
reinstate complainant's complaints of unlawful employment discrimination
that the parties had settled is proper. See 29 C.F.R. � 1614.504.
On November 29, 2000, the parties entered into a settlement agreement
resolving Agency No. 4B-018-0102-00. The settlement agreement provided
that:
Management will remove all discipline from counselee [complainant's]
files. Management will follow the recommendations of [complainant's]
doctor in the letter dated March 7, 2000.
[Complainant] commits to work with management to minimize disturbances
and will continue to improve attendance.
Management commits to treating [complainant] as every other employee.
On May 3, 2002, the parties entered into another settlement agreement
resolving Agency No. 4B-018-0064-02. The settlement agreement provided
that:
[Complainant] and [an identified management official] agree that
[the management official] will remove the letter of warning from all
files and records including [complainant's] OPF. [Complainant] will
be issued an official discussion specifically for failure to follow
instructions, which will be null & void on 7-11-02. [Complainant's]
medical restrictions will be adhered to in relation to his FMLA paperwork
and medical restrictions. [Complainant] will be treated with dignity
and respect the same as all other carriers. Also, this will settle the
grievable issues of the denial of [complainant's] 4-24-02 7020 request,
the denial of the grievance extension and not providing [complainant]
his 4584s.
On August 17, 2002, complainant alleged that the agency breached the
settlement agreements. Specifically, complainant alleged that on July
27, 2002, a supervisor denied his light duty request, and this, also,
was a violation of his doctor's letter dated March 7, 2000. The record
contains a copy of the March 7, 2000 letter, wherein, complainant's
doctor stated that complainant would not be able to go back to work on
that day, March 7, 2000, due to his Post Traumatic Stress Disorder, but
he would be able to resume his duties at work next day. In the March 7,
2000 letter complainant's doctor recommended treating complainant �in a
kind and understanding fashion.� The Commission finds that complainant
has failed to show that the agency did not follow the recommendations in
the March 7, 2000 letter. Furthermore, the Commission finds that the
alleged denial of complainant's light duty request on July 27, 2002,
did not breach any term of either settlement agreement.
Accordingly, the agency's decision finding no breach of the settlement
agreements is AFFIRMED.
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
March 5, 2003
__________________
Date