01A15338_r
02-28-2002
Michael J. Hillion, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Michael J. Hillion v. United States Postal Service
01A15338
February 28, 2002
.
Michael J. Hillion,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Appeal No. 01A15338
Agency No. 4-F-920-0107-01
DECISION
Complainant appealed to this Commission from the agency's August 3, 2001
dismissal of his employment discrimination complaint. Complainant filed
a prior complaint, Agency No. 4-F-920-0034-01, alleging discrimination
on the bases of disability (hearing impaired) and in reprisal for prior
EEO activity when:
Complainant was prevented from doing his job effectively because the
phone was removed from his work area;
Complainant was directed not to ever follow-up on instructions given to
him in a loud, demeaning manner in the presence of other employees; and
Complainant is not permitted to supervisor Letter Carriers when
performing the Level 5 Bulk Mail position, but is responsible for
their actions.
In a final decision dated April 5, 2001, the agency dismissed claims
(1) and (2) of this complaint.<1> The agency remanded claim (3) for
EEO Counseling, because it did not appear to be like or related to the
counseled matters. Pursuant to the remand, the agency asked complainant
to respond to its April 10, 2001 letter if he wished to proceed with claim
(3).
Complainant responded by letter dated April 19, 2001, explaining that he
did not have any supervisory authority over the Letter Carriers, but lost
his telephone privileges because he could not prevent the Letter Carriers
from using the Bulk Mail phone. The agency provided EEO counseling for
this matter, identified as Agency No. 4-F-920-0107-01. On August 3,
2001, the agency issued its dismissal of Agency No. 4-F-920-0107-01,
finding that complainant failed to timely file his formal complaint,
and stated the same claim raised in 4-F-920-0034-01.
The agency may dismiss matters stating the same claim pending before
or decided by the Commission. See 29 C.F.R. � 1614.107(a)(1). The
Commission concurs with the agency; the complaint described in Agency
No. 4-F-902-0107-01, is identical to that raised in 4-F-920-0034-01
(pending appeal in EEOC Appeal No. 01A13573).
CONCLUSION
Accordingly, the agency's dismissal is AFFIRMED.
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
February 28, 2002
__________________
Date
CERTIFICATE OF MAILING
For timeliness purposes, the Commission will presume that this decision
was received within five (5) calendar days after it was mailed. I certify
that this decision was mailed to complainant, complainant's representative
(if applicable), and the agency on:
__________________
Date
______________________________
1Complainant appealed the agency's April 5, 2001 dismissal to this
Commission, currently pending a separate decision in EEOC Appeal
No. 01A13573.