Raymond Stasko, Appellant,v.William J. Henderson, Postmaster General, United States Postal Service, (Allegheny/Mid Atlantic), Agency.

Equal Employment Opportunity CommissionMay 20, 1999
01970435 (E.E.O.C. May. 20, 1999)

01970435

05-20-1999

Raymond Stasko, Appellant, v. William J. Henderson, Postmaster General, United States Postal Service, (Allegheny/Mid Atlantic), Agency.


Raymond Stasko, )

Appellant, )

) Appeal No. 01970435

v. ) Agency No. 4C-440-1320-95

) Hearing No. 220-96-5120X

William J. Henderson, )

Postmaster General, )

United States Postal Service, )

(Allegheny/Mid Atlantic), )

Agency. )

)

DECISION

Appellant timely initiated an appeal from a final agency decision (FAD)

concerning his equal employment opportunity (EEO) complaint of unlawful

employment discrimination on the basis of reprisal (prior EEO activity)

in violation of Title VII of the Civil Rights Act of 1964, as amended,

42 U.S.C. � 2000e et seq. Appellant alleges he was discriminated against,

when on June 23, 1995: (1) his time used on his route was misrepresented;

(2) he was denied equal opportunity for overtime; (3) he was denied Form

3996 and labels for new streets on his route; (4) he was ridiculed in

front of his peers; (5) he was denied access to the grievance process. The

appeal is accepted in accordance with EEOC Order No. 960.001. For the

following reasons, the agency's decision is AFFIRMED.

The record reveals that appellant, a Letter Carrier, PS-5, at the agency's

Brecksville/Broadview Branch, filed a formal EEO complaint with the agency

on September 7, 1995, alleging that the agency had discriminated against

him as referenced above. Appellant identified the Manager of Customer

Services, the District Manager, and the then Postmaster General of the

Postal Service as the agency officials who discriminated against him.

At the conclusion of the investigation, appellant requested a hearing

before an Equal Employment Opportunity Commission (EEOC) Administrative

Judge (AJ). Pursuant to 29 C.F.R. � 1614.109(e), the AJ issued a

Recommended Decision (RD) without a hearing, finding no discrimination.

The AJ concluded that appellant failed to establish a prima facie case of

discrimination because he failed to establish that either the District

Manager or the then Postmaster General took any adverse action against

him. The AJ noted that in making his allegations of discrimination,

appellant asserted that �management� retaliated against him, but did

not attribute any specific act to any specific management official.

Furthermore, the AJ found that appellant failed to show that either

the District Manager or the then Postmaster General knew or should have

know of appellant's prior EEO activity at the time the adverse actions

occurred. Finally, the AJ found that appellant failed to establish that

the Manager of Customer Services was aware of his prior EEO activity when

the adverse actions occurred. Indeed, the Manager of Customer Services

denied that she had retaliated against appellant based on her lack of

knowledge or involvement in any of appellant's prior EEO complaints.

In sum, the AJ found that appellant was not discriminated against on

the bases of reprisal.

On September 17, 1996, the agency issued a FAD adopting the AJ's RD.

It is from this decision that appellant now appeals.

After a careful review of the record, the Commission finds that the

AJ's RD summarized the relevant facts and referenced the appropriate

regulations, policies, and laws. We further find that the agency

articulated legitimate, nondiscriminatory reasons for its actions.

Specifically, the Manager of Customer Services testified that the

agency was currently in the process of adjusting appellant's route, and

that appellant will be receiving a two hour adjustment on his route.

Furthermore, with respect to his allegation regarding the Form 3996,

the Manager testified that appellant simply needs to request the form.

The Manager noted that appellant's overtime ranks at or above the norm

for the branch, and denied that appellant was belittled in front of

his peers. On appeal, appellant argues that the agency failed to comply

with regulations regarding the EEO process, and also references prior

EEO complaints filed against the agency. We note that appellant failed

to present evidence that any of the agency's actions were in retaliation

for appellant's prior EEO activity. Therefore, after a careful review of

the record, including appellant's contentions on appeal, and arguments and

evidence not specifically addressed in this decision, we AFFIRM the FAD.

STATEMENT OF RIGHTS - ON APPEAL

RECONSIDERATION (M0795)

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

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 the

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. � 1614.604(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 the 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 the 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 the 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:

5/20/99

DATE Ronnie Blumenthal, Director

Office of Federal Operations