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
