01A04826
03-27-2001
Michelle M. Behm, Complainant, v. Norman Y. Mineta, Secretary, Department of Transportation, Agency.
Michelle M. Behm v. Department of Transportation
01A04826
March 27, 2001
.
Michelle M. Behm,
Complainant,
v.
Norman Y. Mineta,
Secretary,
Department of Transportation,
Agency.
Appeal No. 01A04826
Agency No. 4-00-4065
DECISION
Upon review, the Commission finds that the agency's decision dated June
8, 2000, dismissing complainant's complaint for stating the same claim
that had been decided by the agency is proper pursuant to 29 C.F.R. �
1614.107(a)(1). In her complaint, dated May 25, 2000, complainant, an
Assistant Air Traffic Manager, AT-2152-LL, MSS-4, alleged discrimination
based on sex (female) and in reprisal for prior EEO activity when on
February 29, 2000, she received a lower pay increase for October 1999,
than any other MSS-4 grade level employees �that transferred to field
facilities that was FG-15, step 10, on October 1, 1998.� The agency, in
its decision, stated that the instant complaint concerned the alleged pay
conversion/increase which was given to FG-2152 employees who were assigned
to field facilities as of October 1, 1998, and that complainant raised
the same matter in her previous complaints, Agency Nos. 4-99-4106 and
4-00-4041, which were previously decided by the agency.<1> The record
indicates that in her previous complaint, Agency No. 4-00-4041, dated
March 13, 2000, complainant alleged the same matter, i.e., receiving less
pay than other similarly situated male employees due to the October 1,
1998 pay conversion. On appeal, complainant, other than filing a notice
of appeal, does not raise any new matters.
Accordingly, the agency's decision is hereby AFFIRMED.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0900)
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
March 27, 2001
__________________
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
______________________________
1The record indicates that complainant's appeals concerning the agency's
decisions of Agency Nos. 4-99-4106 and 4-00-4041, are pending before
the Commission, in EEOC Appeal Nos. 01A11308 and 01A04827, respectively.