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