0120162344
12-02-2016
Valentin G.,1 Complainant, v. Megan J. Brennan, Postmaster General, United States Postal Service (Capital Metro Area), Agency.
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
Valentin G.,1
Complainant,
v.
Megan J. Brennan,
Postmaster General,
United States Postal Service
(Capital Metro Area),
Agency.
Appeal No. 0120162344
Agency No. 4K200009415
DECISION
Complainant filed a timely appeal with this Commission from the Agency's decision dated June 16, 2016.
At the time of events giving rise to this complaint, Complainant worked as a Clerk at the Agency's Post Office facility in Bethesda, Maryland.
In February 2016, Complainant sought EEO counseling and later filed a formal complaint (identified as Agency Complaint No. 4K-200-0030-16) in which Complainant alleged discrimination based on disability when, on December 14, 2015, he became aware that his former manager failed to compensate him for lost work hours in accordance with an asserted settlement reached in an early EEO complaint (Agency Complaint No. 4K-200-0094-15). In a decision dated April 27, 2016, the Agency dismissed the complaint and forwarded it for processing as a settlement breach allegation pursuant to the process detailed in 29 C.F.R. � 1614.504.
On June 16, 2016, the Agency issued its final determination on the breach allegation, concluding that there was no enforceable settlement agreement between the parties and, therefore, no breach of such an agreement. The instant appeal followed, dated July 13, 2016.
As part of its inquiry into Complainant's breach claim, the Agency sent Complainant a number of questions concerning his claim. In an affidavit signed by Complainant on May 25, 2016, Complainant admits that while he and Agency officials engaged in discussions, no written settlement agreement was ever reached on his EEO complaint (Agency Complaint No. 4K-200-0094-15).2
Since there was never a settlement agreement on the matter, which Complainant admits, we find there is no breach. The Agency's June 16, 2016 decision is AFFIRMED.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0416)
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), at Chap. 9 � VII.B (Aug. 5, 2015). All requests and arguments must be submitted to the Director, Office of Federal Operations, Equal Employment Opportunity Commission. The requests may be submitted via regular mail to P.O. Box 77960, Washington, DC 20013, or by certified mail to 131 M Street, NE, Washington, DC 20507. 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 (S0610)
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 (Z0815)
If you want to file a civil action but cannot pay the fees, costs, or security to do so, you may request permission from the court to proceed with the civil action without paying these fees or costs. Similarly, if you cannot afford an attorney to represent you in the civil action, you may request the court to appoint an attorney for you. You must submit the requests for waiver of court costs or appointment of an attorney directly to the court, not the Commission. The court has the sole discretion to grant or deny these types of requests. Such requests do not alter the time limits for filing a civil action (please read the paragraph titled Complainant's Right to File a Civil Action for the specific time limits).
FOR THE COMMISSION:
______________________________ Carlton M. Hadden's signature
Carlton M. Hadden, Director
Office of Federal Operations
December 2, 2016
__________________
Date
1 This case has been randomly assigned a pseudonym which will replace Complainant's name when the decision is published to non-parties and the Commission's website.
2 Complainant notes that he was "verbally offered" $500 to withdraw his complaint, but nothing else. There is no indication in the record whether or not Complainant did, in fact, receive the $500 or withdraw his complaint.
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