01993073
12-14-2000
Simon Vanson v. United States Postal Service
01993073
12-14-00
.Simon Vanson,
Complainant,
v.
William J. Henderson,
Postmaster General,
United States Postal Service,
Agency.
Appeal No. 01993073
Agency No. 4F-913-0079-97
DECISION
On March 3, 1999, Simon Vanson (hereinafter referred to as complainant)
initiated an appeal to the Equal Employment Opportunity Commission
(Commission) for a determination as to whether the agency has
complied with the terms of a settlement agreement which the parties
entered into.<1> See 29 C.F.R. �1614.402; 29 C.F.R. �1614.504; 29
C.F.R. �1614.405.
Complainant filed a formal EEO complaint in April 1997, alleging that
he was subjected to discrimination when he was not allowed to return to
work and sent for a fitness for duty examination. The agency accepted
the complaint, and conducted an investigation. Prior to a hearing
being held, the parties entered into a settlement agreement in August
1998, whereby complainant was to be returned to work on October 5, 1998.
The agreement provided that complainant would not receive backpay for any
period of absence, and would submit to a fitness for duty examination
and receive clearance before returning to work. On December 15, 1998,
complainant notified the agency of its failure to comply with the
settlement agreement. Specifically, complainant stated that he was not
reinstated by October 5, 1998. On February 3, 1999, the agency issued a
final decision, finding that it had not breached the settlement agreement.
It is from this decision that complainant now appeals.
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.
In addition, 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. Roberts v. USPS, EEOC
Appeal No. 01842193 (May 8, 1985). The Commission has further held that
the face of the agreement best reflects the understanding of the parties.
See Wilson v. EEOC, EEOC Appeal No. 01881684 (October 13, 1989).
In the case at hand, it appears that complainant was reinstated on
November 23, 1998, that is, after the date specified in the agreement.
Nevertheless, the agency represented that complainant initially requested
that his return to work be delayed until the end of October in order to
complete a training course. Complainant does not dispute the agency's
assertion. Further, after complainant received a letter of instruction
on November 12, 1998, advising him to contact the Postmaster to arrange
for his return to duty, he again requested that his return be delayed.
Accordingly, we find that the agency did not breach the settlement
agreement in this case, and AFFIRM the final agency decision.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0900)
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
___12-14-00_______________________________
Date
CERTIFICATE OF MAILING
For timeliness purposes, the Commission will presume that this decision
was received within five (5) calendar days of mailing. I certify
that the decision was mailed to claimant, claimant'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 29 C.F.R. Part 1614 in deciding the
present appeal. The regulations, as amended, may also be found at the
Commission's website at www.eeoc.gov.