• Monday, June 25, 2012

    how long does a settlement agreement last?


    how long does a settlement agreement last?

    Finally, complainant stated that he had filed an EEO complaint in 2003,
    regarding the same claim, and that complaint was resolved by a negotiated
    settlement agreement which permanently place him on the swing shift.6
    He explained that a year later, when the swing shift was abolished, he
    mentioned the settlement agreement to which a management member said,
    "these things only last so long."  Complainant claimed in the present
    appeal that the agency has now breached that settlement agreement, and he
    stated that this was the third settlement agreement to be breached. ROI
    at Exhibits A and F-1.

    EEOC Regulation 29 C.F.R. § 1614.401(e) states that a complainant
    may appeal to the Commission an agency's alleged non-compliance with a
    settlement agreement in accordance with 29 C.F.R. § 1614.504.  29 C.F.R. §
    1614.504(a) explains that any settlement agreement knowing and voluntarily
    agreed to by the parties, reached at any stage of the complaint process,
    shall be binding on the parties.  The section goes on to state that if
    "the complainant believes that the agency has failed to comply with
    the terms of a settlement agreement or decision, the complainant shall
    notify the EEO Director, in writing, of the alleged noncompliance within
    30 days of when the complainant knew or should have known of the alleged
    noncompliance." Inasmuch as complainant did not allege a breach of the
    settlement agreement before the EEO Director, it is inappropriate for
    him to do so in the present appeal.


    2 In addition to diabetes, complainant was diagnosed with severe sleep
    apnea. However, complainant has no restrictions and performs all aspects
    of his position.  Nonetheless, his doctor recommended that it would be
    beneficial for complainant to be put back onto the swing shift.

    3 It appears that at least one male employee was allowed to switch shifts
    although the record remains unclear as to whether this employee switched
    with someone else.

    Charles H. McCreary,

    Complainant,



    v.



    Robert M. Gates,

    Secretary,

    Department of Defense,

    Defense Logistics Agency,

    Agency.



    Appeal No. 0120070257



    Agency No. JQ-05-018
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