Samuel T. Glenn, Complainant,v.Gregory R. Dahlberg, Acting Secretary, Department of the Army, (National Guard Bureau), Agency.

Equal Employment Opportunity CommissionMay 23, 2001
01A12054_r (E.E.O.C. May. 23, 2001)

01A12054_r

05-23-2001

Samuel T. Glenn, Complainant, v. Gregory R. Dahlberg, Acting Secretary, Department of the Army, (National Guard Bureau), Agency.


Samuel T. Glenn v. Department of the Army (National Guard Bureau)

01A12054

May 23, 2001

.

Samuel T. Glenn,

Complainant,

v.

Gregory R. Dahlberg,

Acting Secretary,

Department of the Army,

(National Guard Bureau),

Agency.

Appeal No. 01A12054

Agency No. T-0490-ID-A-04-00-H

DECISION

Upon review, the Commission finds that the agency's decision not to

reinstate complainant's complaint of unlawful employment discrimination

that the parties had settled is proper. See 29 C.F.R. � 1614.504.

The record indicates that on August 15, 2000, the parties entered into a

settlement agreement which provided, in pertinent part, that: complainant

would be temporarily detailed, with ultimate permanent reassignment, to

another position within the �MATES�; an identified managerial official

would be assigned as approving official on complainant's closeout

performance appraisal; an impartial reviewing officer would be appointed

to review supervisory and management practices at the �MATES�; and no

adverse personnel action would be processed against complainant based

on statements allegedly made by the �MATES� manager on June 22 or 27,

2000, regarding complainant's mental state of mind or trustworthiness.

By his letters dated October 13 and December 21, 2000, complainant

alleged that the agency breached the settlement agreement. Specifically,

complainant alleged that he was subjected to a hostile work environment;

he did not receive a fair and truthful performance evaluation; management

did not find out what/who was responsible for the moral and hostilities

within the organization; he was subjected to further retaliation; he

was subsequently removed; and he was not in the right state of mind to

make the right decisions or understand the meaning of the settlement

agreement due to his taking anti-depressant medication.

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

does not allege that the agency did not comply with the terms of the

settlement agreement nor does he specify any actions on the part of the

agency which constitute a breach of the settlement agreement. It appears

that complainant is alleging reprisal claims or further discrimination

on the part of the agency which are beyond the scope of the settlement

agreement. Upon review, the Commission finds that these matters should

be processed as a separate complaint under 29 C.F.R. � 1614.106 rather

than as a claim of noncompliance with a settlement agreement. See 29

C.F.R. �� 1614.101(b) and 1614.105(a). If complainant has not already

done so, then he must contact an EEO Counselor pursuant to � 1614.105

if he wishes to pursue claims of discrimination. The Commission does

not address in this decision whether any such claims would be properly

dismissable. With regard to his state of mind during the settlement

agreement, complainant fails to provide persuasive evidence to support

his contentions nor does he provide persuasive evidence to void the

instant settlement agreement.

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

May 23, 2001

__________________

Date