01a43855
07-29-2005
Bernard Williams, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Bernard Williams v. United States Postal Service
01A43855
July 29, 2005
.
Bernard Williams,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Appeal No. 01A43855
Agency No. 1C-443-0013-04
DECISION
Upon review, the Commission finds that complainant's formal complaint
was properly dismissed pursuant to 29 C.F.R. � 1614.107(a)(1) stating
the same claim that has been decided by the agency.
On or about November 14, 2002, complainant initiated the EEO complaint
process in a matter identified as Complaint No. 1C-443-0024-03. In an
Information for Pre-Complaint Counseling Form dated November 26, 2002,
complainant stated that he was involved in an altercation with a named
agency employee; that complainant lost his job; and that white employees
involved in such altercations do not lose their jobs. Complainant further
stated that the agency's application of its �zero tolerance� policy has
a disparate impact upon black employees.
On December 12, 2002, complainant and the agency entered into a
settlement agreement in resolution of the matter raised in Complaint No.
1C-443-0024-03. The settlement agreement provided that complainant would
be brought back on the agency's Tour 3, on December 16, 2002; that no
back pay would be provided for the time off; and that the agency removal
action would be reduced to a long-term suspension, with the understanding
that complainant would be placed on a two-year last chance agreement.
The settlement agreement indicated that complainant would drop all
�grievances or complaints related to this issue.�
On December 17, 2003, complainant contacted an EEO counselor and
claimed that he was subjected to discrimination on the basis of race
(African-American) when on December 12, 2003, a co-worker was involved
in an altercation and no disciplinary action was taken. Complainant
claimed that he received disciplinary action when he was involved in an
altercation on September 28, 2002. Complainant also claimed that he had
pursued the EEO complaint process in November 2002, when a co-worker
was involved in altercation and no disciplinary action was taken.
Informal efforts to resolve the matter were not successful.
On February 24, 2004, complainant filed the instant formal complaint.
In its final decision, dated April 12, 2004, the agency dismissed
complainant's complaint on the grounds that complainant raised the same
matter in Agency No. 1C-443-0024-03, which was the subject of the December
12, 2002 settlement agreement discussed above.
The Commission determines that the matter raised in the instant complaint
addresses the same matter that was resolved by the December 12, 2002
settlement agreement. Accordingly, the agency's dismissal of the
instant complaint pursuant to 29 C.F.R � 1614.107 (a)(1) was proper
and is AFFIRMED.<1>
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0701)
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
July 29, 2005
__________________
Date
1The Commission notes, moreover, that
complainant is not claiming breach of the December 12, 2002 settlement
agreement.