01A05604_01A21181
09-18-2002
John T. Bomersback, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
John T. Bomersback v. United States Postal Service
01A05604 & 01A21181
September 18, 2002
.
John T. Bomersback,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Appeal Nos. 01A05604 & 01A21181
Agency Nos. 4F-926-0019-00, 4F-926-0170-99, 4F-926-0021-99
Hearing No. 340-99-3670X (Lead Charge)
DECISION
Pursuant to 29 C.F.R. � 1614.405, the Commission accepts the
complainant's appeals from the agency's final order and decision in the
above-entitled matters. In agency complaint number 4F-926-0021-99 the
complainant alleged that he was retaliated against when on 1) September
11, 1998, when a District Manager (DM) referred to him at a staff meeting
as a �stern taskmaster,� 2) October 14, 1998, the DM told staff members
that the agency was �intentionally trying to get people with discipline,�
and 3) October 15, 1998, the DM displayed a chart which indicated that
the complainant's Post Office had the highest grievance activity and did
not show a chart that indicated the office had the lowest EEO activity.
In complaint number 4F-926-0170-99 the complainant alleged retaliation
when in July 1999, the agency decreased his office fiscal year budget
by 2.6%. Finally, in complaint 4f-926-0019-00 the complainant alleged
he was retaliated against when in November 1999 he received a $750 award
for finishing second overall in the District for fiscal year 1999.<1>
After a review of the records in their entirety, including consideration
of all statements submitted on appeals, it is the decision of the Equal
Employment Opportunity Commission to affirm the agency's final order,
because the Administrative Judge's issuance of a decision without a
hearing was appropriate and a preponderance of the record evidence does
not establish that discrimination occurred.
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
September 18, 2002
__________________
Date
1 We note that on August 11, 2000, the agency wrote a decision finding
no discrimination and closing this complaint which the complainant
appealed to the Commission on August 15, 2000. On December 17, 2001,
the Commission received an appeal of an agency final order implementing
the administrative judge's decision finding no discrimination from the
complainant which shows that this complaint was consolidated with the
other two complaints at the agency's request. The record provides no
evidence that the August 11, 2000 decision was rescinded or withdrawn.
In the interest of judicial economy, the Commission has consolidated
the two appeals and reviewed the record and arguments in both case files.