Cynthia L. Artis, et al., Appellant,v.Alan Greenspan, Chairman, Federal Reserve System, Agency.

Equal Employment Opportunity CommissionNov 18, 1998
01976636 (E.E.O.C. Nov. 18, 1998)

01976636

11-18-1998

Cynthia L. Artis, et al., Appellant, v. Alan Greenspan, Chairman, Federal Reserve System, Agency.


Cynthia L. Artis, et al. v. Federal Reserve System

01976636

November 18, 1998

Cynthia L. Artis, et al., )

Appellant, )

)

v. ) Appeal No. 01976636

) Agency No. FRB-EEO-97-03-002

Alan Greenspan, )

Chairman, )

Federal Reserve System, )

Agency. )

___________________________________)

DECISION

The Commission finds that the agency's decision dated July 23, 1997

dismissing the instant class complaint (dated February 28, 1997)

for raising allegations that are the basis of a civil action in which

appellant is a party is proper pursuant to 29 C.F.R. �1614.107(c).

On September 11, 1996 appellant filed a class civil action against the

agency in the United States District Court for the District of Columbia

(96-2105 (NHJ)). The matters raised in the instant administrative class

complaint are the same as those matters raised in the civil action.

On June 27, 1997 a United States District Judge signed a Memorandum

Opinion and a Judgment and Order (both the Memorandum Opinion and the

Judgment and Order were filed on June 30, 1997) dismissing appellant's

civil action. On August 25, 1997 appellant filed a Notice of Appeal from

the District Court's decision. A Docketing Statement indicates that

the appeal is with the United States Court of Appeals for the District

of Columbia Circuit and was docketed on September 19, 1997.

There is no indication in the record that the United States Court of

Appeals for the District of Columbia Circuit has issued a decision on

the matter. Appellant has not claimed that she has withdrawn her appeal

before the United States Court of Appeals. Therefore, we find that the

matters raised in the administrative class action complaint are still

pending in the civil action. If the Commission were to adjudicate the

administrative class action complaint, then the possibility exists

that there would be inconsistent rulings by the United States Court

of Appeals and the Commission. The Commission finds that the agency

properly dismissed the complaint pursuant to �1614.107(c). See Johnson

v. Department of Health and Human Svcs., EEOC Appeal No. 01943070

(Mar. 24, 1995), request to reconsider denied, EEOC Request No. 05950562

(May 2, 1996).

The agency is reminded that once a class complaint is dismissed the

agency shall inform the class agent either that the complaint is being

filed on that date as an individual complaint of discrimination or that

the complaint is also dismissed as an individual complaint in accordance

with �1614.107. 29 C.F.R. �1614.204(d)(7).

The agency's decision dismissing the class complaint is AFFIRMED.

STATEMENT OF RIGHTS - ON APPEAL

RECONSIDERATION (M0795)

The Commission may, in its discretion, reconsider the decision in this

case if the appellant or the agency submits a written request containing

arguments or evidence which tend to establish that:

1. New and material evidence is available that was not readily available

when the previous decision was issued; or

2. The previous decision involved an erroneous interpretation of law,

regulation or material fact, or misapplication of established policy; or

3. The decision is of such exceptional nature as to have substantial

precedential implications.

Requests to reconsider, with supporting arguments or evidence, MUST

BE FILED WITHIN THIRTY (30) CALENDAR DAYS of the date you receive this

decision, or WITHIN TWENTY (20) CALENDAR DAYS of the date you receive

a timely request to reconsider filed by another party. Any argument in

opposition to the request to reconsider or cross request to reconsider

MUST be submitted to the Commission and to the requesting party

WITHIN TWENTY (20) CALENDAR DAYS of the date you receive the request

to reconsider. See 29 C.F.R. �1614.407. All requests and arguments

must bear proof of postmark and 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 filed on the date it is received

by the Commission.

Failure to file within the time period will result in dismissal of your

request for reconsideration as untimely. If extenuating circumstances

have prevented the timely filing of a request for reconsideration,

a written statement setting forth the circumstances which caused the

delay and 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. �l6l4.604(c).

RIGHT TO FILE A CIVIL ACTION (S0993)

It is the position of the Commission that 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.

You should be aware, however, that courts in some jurisdictions have

interpreted the Civil Rights Act of 1991 in a manner suggesting that

a civil action must be filed WITHIN THIRTY (30) CALENDAR DAYS from the

date that you receive this decision. To ensure that your civil action

is considered timely, you are advised to file it WITHIN THIRTY (30)

CALENDAR DAYS from the date that you receive this decision or to consult

an attorney concerning the applicable time period in the jurisdiction

in which your action would be filed. 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 (Z1092)

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:

November 18, 1998

DATE Ronnie Blumenthal, Director

Office of Federal Operations