0120162147
08-24-2016
Vickie T.,1 Complainant, v. Eric K. Fanning, Secretary, Department of the Army, Agency.
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
Vickie T.,1
Complainant,
v.
Eric K. Fanning,
Secretary,
Department of the Army,
Agency.
Appeal No. 0120162147
Agency No. ARSILL14SEP03245
DECISION
Complainant filed a timely appeal with this Commission from a final decision by the Agency dated May 11, 2016, finding that it was in compliance with the terms of a February 9, 2015 settlement agreement. See 29 C.F.R. � 1614.402; 29 C.F.R. � 1614.504(b); and 29 C.F.R. � 1614.405.
BACKGROUND
On February 9, 2015, Complainant and the Agency entered into a settlement agreement to resolve a matter which had been pursued through the EEO complaint process. The February 9, 2015 settlement agreement provided, in pertinent part, that:
b. The Agency agrees to send the Complainant at Agency expense to the Albert Ellis Institute, Advanced Certificate Practicum course prior to the close of the calendar year 2016. If the Complainant does not possess the required pre-requisite training necessary to attend the Advanced Certificate Practicum course, the Agency agrees to send the Complainant to the companion 3-Day REBT & CBT Primary Practicum course offered the week prior to the Advanced Certificate Practicum course.2
By letter to the Agency dated April 8, 2016, Complainant alleged that breach of provision b. Specifically, Complainant alleged that upon returning from training, she was owed a balance on her government credit card. Complainant stated "there was much confusion regarding the balance on the card because there was approximately one week between returning from New York at the Albert Ellis Institute and heading to Fort Hood for 30 days, and the bank did not, nor would necessarily divide, these two trips but did an aggregate total of both trips. Once I realized that I had no choice but to make full payment to CITI bank, I made [arrangements] to do so via EFT for three months totally $809.81 with last payment made on or about 7 January 2016."
In its May 11, 2016 final decision, the Agency found no breach. The Agency noted that the Lead Defense Travel Administrator (Administrator) stated that she processed Complainant's Defense Travel System supplemental voucher payment for her trip to the Albert Ellis Institute from July 9, 2015 to July 20, 2015. The Administrator stated that she also audited the original voucher and determined that Complainant should receive additional funds. The Administrator stated that Complainant received two payments in the total of $4,534.48. Moreover, the Administrator stated that Complainant was not reimbursed $300.00 for upgrade fees for ten days at the hotel where she was lodged during her training.
Further, the Agency noted that Complainant's claim of breach was untimely raised. Specifically, the Agency noted that provision b states that the Agency would send Complainant at its expense to the Albert Ellis Institute, Advanced Certificate Practicum course before the close of the calendar year 2016. The Agency further noted that Complainant completed training on July 19, 2015. However, the Agency determined that Complainant waited approximately nine months from the date of the last day of her training (in July 2015) to allege breach of the instant agreement. The Agency indicated her claim of breach on April 8, 2016 was well beyond the 30 days of when Complainant should have been aware of a breach.
The record contains a copy of the Administrator's declaration dated May 11, 2016. Therein, the Administrator stated Complainant "was issued two payments on August 2, 2015 ($3744.31) and November 9, 2015 ($790.17), respectively, for a total travel reimbursement of $4534.48. The only expense claimed that was not reimbursable were upgrade fees of a total of $300 for 10-days at the [hotel] where [Complainant] lodged during her TDY. [Complainant] was reimbursed appropriately per applicable travel regulations."
The instant appeal followed.
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. Dep't of Def., EEOC Request No. 05960032 (December 9, 1996). The Commission has further 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. Dep't of Veterans Affairs, EEOC Request No. 05900795 (August 23, 1990). 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. U.S. Postal Serv., 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, we find that the Agency complied with the terms of provision b of the settlement agreement. Provision b of the agreement provides for an affirmative Agency obligation to send Complainant at its expense to the Albert Ellis Institute for training prior to the close of calendar year 2016. We note that Complainant acknowledged that she was completed the training in July 2015 following the signing of the instant settlement agreement. Moreover, we find that the record reflects that Complainant was reimbursed appropriately in accordance with applicable travel regulations.
The Agency's determination that it was not in breach of provision b of the February 9, 2015 settlement agreement is AFFIRMED.
Because of our disposition of this case, we find it unnecessary to address the issue of the timeliness of the breach claim.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0815)
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, 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 (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
August 24, 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 The settlement agreement also provides that the Agency would restore 40 hours of annual leave and 40 hours of sick leave to Complainant's leave balance. This provision is not at issue in the instant case.
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