Yuri J. Stoyanov, Complainant,v.Ray Mabus, Secretary, Department of the Navy, Agency.

Equal Employment Opportunity CommissionJan 27, 2012
0120110404 (E.E.O.C. Jan. 27, 2012)

0120110404

01-27-2012

Yuri J. Stoyanov, Complainant, v. Ray Mabus, Secretary, Department of the Navy, Agency.




Yuri J. Stoyanov,

Complainant,

v.

Ray Mabus,

Secretary,

Department of the Navy,

Agency.

Appeal Nos. 0120110398, 0120110400,

0120110401, 0120110402,

0120110403, 0120110404

Hearing Nos. 531-2010-00072X, et al.

Agency Nos. 08-00167-02685, 08-00167-03202,

09-00167-00900, 09-00167-01370,

09-00167-00755, 08-00167-01397,

08-00167-02219

DECISION

On October 11, 2010, Complainant filed six appeals from the Agency’s

September 10, 2010, final decisions concerning his equal employment

opportunity (EEO) complaints alleging employment discrimination in

violation of Title VII of the Civil Rights Act of 1964 (Title VII),

as amended, 42 U.S.C. § 2000e et seq., and the Age Discrimination in

Employment Act of 1967 (ADEA), as amended, 29 U.S.C. § 621 et seq.

The Commission accepts the appeals as timely pursuant to 29 C.F.R. §�

�1614.405(a). We have exercised our discretion to consolidate these

appeals for joint processing pursuant to 29 C.F.R. § 1614.606. For the

following reasons, the Commission AFFIRMS the Agency’s final decisions.

ISSUES PRESENTED

The issues presented are whether the Administrative Judge properly

dismissed Complainant’s hearing requests, and whether the Agency

properly found that Complainant had not established that he had been

discriminated against.

BACKGROUND

Complainant’s complaints

At the time of events giving rise to these complaints, Complainant was

employed as a Scientist, ND-1310-IV, at the Agency’s Naval Surface

Warfare Center in Carderock, Maryland. Each of Complainant’s EEO

complaints allege that the Agency discriminated against him on the bases

of national origin (Russian), age (year of birth 1955), and in reprisal

for prior protected EEO activity arising under Title VII and the ADEA.

On April 19, 2008, Complainant filed complaint #1 (Agency

No. 08-00167-01397, EEOC Appeal No. 0120110403), claiming he was

discriminated against when:

1. in March 2008, he was not assigned, selected, or promoted to a ND-05

(temporary) Deputy T&E Program Manager position under certificate number

NE8-NDXXXX-05-4G843646 for PMS-450 at the Washington Navy Yard;

2. in March 2008, he was not assigned, selected, or promoted to a ND-05

(temporary) SDM LFTNE Program Manager position under certificate number

NE8-NDXXXX-05-4G843607 for PMS-398 at the Washington Navy Yard; and

3. in March 2008, he was not assigned, selected, or promoted

to a ND-05 Program Manager position under certificate number

NE8-NDXXXX-05-4G862587-C-65 in Code 241.

By letter dated May 16, 2008, the Agency dismissed Complainant’s

additional claim in complaint #1 that in March 2008, management

failed to remove the Agency Counsel from assignment to his EEO cases,

citing 29 C.F.R. § 1614.107(a)(1), as a claim that had been raised

in previous complaints, citing 29 C.F.R. § 1614.107(a)(8), that it

alleged dissatisfaction with the EEO process, and citing 29 C.F.R. §�

�1614.107(a)(9), for abuse of process.

On July 24, 2008, Complainant filed complaint #2 (Agency

No. 08-00167-02219, EEOC Appeal No. 0120110404), claiming he was

discriminated against when:

1. in May and June 2008, he learned he was not assigned, selected,

or promoted to various ND-05 Manager, Program Manager, and/or Engineer

positions (13 in total) in various organizations at the Agency;

2. on May 5, 2008, he was issued a Letter of Proposed Suspension for

14 calendar days, which resulted in a decision letter issued June 23,

2008, and a suspension effective from June 24 through July 7, 2008;

3. in May 2008, management denied his requests dated May 6, 20, 22,

and 29, 2008 to restore his flexible work schedule; and

4. in May 2008, management failed to remove his chain of

command/responsible management officials, who created a hostile work

environment upon his return from a previous suspension.

On September 5, 2008, Complainant filed complaint #3 (Agency

No. 08-00167-02685, EEOC Appeal No. 0120110398), claiming he was

discriminated against when:

1. effective July 8, 2008, he was reassigned from the Ship Electromagnetic

Signatures Division, Code 743, to the Structural, Acoustics, and Target

Strength Division, Code 722, and management did not reverse their decision

from June 2008 to reassign him;

2. from June 2008 through August 2008, management did not reverse their

decision not to put him back on a flexible work schedule;

3. in June 2008, management did not respond to his requests with regard

to his suspension, position reassignment, flexible work schedule, and

official time;

4. in July/August 2008, management denied his requests for an office

with a thermostat after he was moved to a “closet” in June 2008;

5. in July 2008, management denied his request to telework three days

a week (Tuesday, Wednesday, and Thursday);

6. in July 2008, management denied his request to use an alternate

printer, copy machine, and facsimile machine when the assigned equipment

was out of order when he was completing his EEO complaint work; and

7. in June and July 2008, he learned he was not assigned, selected,

or promoted to various ND-05 Manager, and/or Engineer positions (three

in total) in various organizations at the Agency.

By letter dated September 30, 2008, the Agency dismissed Complainant’s

claims in complaint #3 that: on June 23, 2008, he was issued a decision

letter suspending him for 14 days, and management did not reverse their

decision; in June and July 2008, management failed to remove restrictions

on his use of official time to work on his EEO complaints; in June 2008,

management failed to remove his chain of command/responsible management

officials to prevent them from creating a hostile work environment; and

he learned that he was not selected, assigned, or promoted to a ND-05

Program Manager position. The Agency dismissed these claims citing 29

C.F.R. § 1614.107(a)(1), as claims that had been raised in previous

complaints, and citing 29 C.F.R. § 1614.107(a)(9), for abuse of process.

On October 8, 2008, Complainant filed complaint #4 (Agency

No. 08-00167-03202, EEOC Appeal No. 0120110398), claiming he was

discriminated against when:

1. in August 2008, he learned he was not assigned, selected, or promoted

to the ND-05, Code 74 R&D Program Manager position, vacancy announcement

#NE-ND0830-05-04G060315-C-AL-00 in Code 7406;

2. in August 2008, he learned he was not assigned, selected, or

promoted to a temporary ND-05 Technical Project Manager position,

vacancy announcement #NDXXXX-05-04G006956-C in Code 2120;

3. in August/September 2008, management collected three computer memory

sticks from him and would not return them; and

4. in August/September 2008, management failed to return material items

that were removed from his office while he was out of the office for 15

months (February 2007 through May 2008).

By letter dated October 17, 2008, the Agency dismissed Complainant’s

additional claims in complaint #4 that: in August 2008, he learned

he was not assigned, selected, or promoted to various ND-05 Program

Manager, and/or Scientist/Engineer positions (three in total) in

various organizations at the Agency. The Agency dismissed two of

the non-selection claims under 29 C.F.R. § 1614.107(a)(1), stating

that they failed to state a claim because there was no evidence that

the cited vacancy announcements existed. It dismissed the third

non-selection as the same claim that had been made in complaint #3.

It also cited 29 C.F.R. § 1614.107(a)(9) as a dismissal basis, abuse

of process, noting that Complainant had a pattern of presenting similar

or identical allegations over the course of his filing (at that time)

over 39 EEO complaints.

Complaints #3 and #4 were consolidated for a joint investigation into

the accepted claims.

On February 3, 2009, Complainant filed complaint #5 (Agency

No. 09-00167-00900, EEOC Appeal No. 0120110400), claiming he was

discriminated against when:

1. in November 2008, for the Fiscal Year (FY) 2008 performance

period ending on September 30, 2008, his work accomplishments were

misrepresented, which denied him four “pay points” for the period,

and when he requested reconsideration of his performance evaluation,

it was denied;

2. in November and December 2008, he was ordered not to use his private

e-mail for computer back-up purposes;

3. in October 2008, he was not assigned, selected, or promoted to the

ND-05 Engineer position under certificate number NE8-ND-0801-05-4G130717-C

in Code 2130.

By letter dated March 11, 2009, the Agency dismissed Complainant’s

additional claims in complaint #5 that: in November 2008, he requested

a clean copy of his performance form and a copy of his co-workers’

performance forms for the FY2008 period; in October and November

2008, he was not assigned, selected, or promoted to various ND-05

Program Manager, and/or Engineer positions (four in total) in various

organizations at the Agency; in November 2008, management denied his

request to restore his flexible work schedule and assign him an office

with a thermostat/temperature control. The Agency dismissed these

claims citing 29 C.F.R. § 1614.107(a)(1), as claims that had been

raised in previous complaints, or which failed to state a claim; citing

29 C.F.R. § 1614.107(a)(2), as untimely raised with an EEO Counselor,

citing 29 C.F.R. § 1614.107(a)(5) as moot; and citing 29 C.F.R. §�

�1614.107(a)(9), for abuse of process.

On March 1, 2009, Complainant filed complaint #6 (Agency

No. 09-00167-00755, EEOC Appeal No. 0120110402), claiming he was

discriminated against when:

1. in December 2008, he was not assigned, selected, or promoted to the

ND-05 Engineer position, VA# NE-8-ND-0830-05-4G162038-C-AL-48 in Code

742; and

2. in December 2008, he was not selected for the TOPSIDE Signature Deputy

Project Management assignment within the Office of the Chief of Naval

Research (ONR).

By letter dated March 24, 2009, the Agency dismissed Complainant’s

additional claims in complaint #6 that: in November and December 2008,

and January 2009, he was not assigned, selected, or promoted to various

ND-05 Program Manager, and/or Engineer positions (four in total) in

various organizations at the Agency. The Agency dismissed these claims

citing 29 C.F.R. § 1614.107(a)(1), as claims which failed to state a

claim; citing 29 C.F.R. § 1614.107(a)(2), as claims untimely raised

with an EEO Counselor; citing 29 C.F.R. § 1614.107(a)(5) as moot;

and citing 29 C.F.R. § 1614.107(a)(9), for abuse of process.

On April 15, 2009, Complainant filed complaint #7 (Agency

No. 09-00167-01370, EEOC Appeal No. 0120110401), claiming he was

discriminated against when:

1. on February 6, 2009, he was directed to take the Annual Security

Refresher Training;

2. in January and February 2009, his first-level supervisor chastised

and harassed him for staying beyond 1600 hours (4:00 p.m.);

3. on February 10, 2009, he received a Notice of Intent to Suspend

Access to Classified Information and Eligibility for Assignment to a

Sensitive Position;

4. on February 10, 11, 17, and 19, 2009, he requested and was denied

supporting agency documentation and a three-week extension to respond

to the Notice of Intent to Suspend Access to Classified Information and

Eligibility for Assignment to a Sensitive Position;

5. on February 10, 2009, after receiving the Notice of Intent to Suspend

Access to Classified Information and Eligibility for Assignment to a

Sensitive Position, he was provided a police escort from the building,

and his rights were violated by false arrest and unlawful search and

seizure of personal items;

6. on February 13, 2009, his request for Leave Without Pay (LWOP) was

denied verbally, and was denied in writing on February 17, 2009;

7. on February 18, 2009, he was issued the Notice to Indefinitely Suspend

Access to Classified Information and Eligibility for Assignment to a

Sensitive Position;

8. the Commanding Officer failed to respond to his letters dated

February 20 and 25 2009, requesting that the Notice to Indefinitely

Suspend Access to Classified Information and Eligibility for Assignment

to a Sensitive Position be rescinded, supporting documents provided,

an extension to respond to the Notice be granted, and that his request

for LWOP be granted or he be returned to duty; and

9. on February 25, 2009, he learned that he was not selected

for the position of Engineer, ND-05, under vacancy announcement

#NE9-NDXXXX-05-4G237809-S.

By letter dated May 20, 2009, the Agency dismissed Complainant’s

additional claims in complaint #7 that: on September 11, 2008, he was the

victim of computer tampering; on February 12 and 25, 2009 and on March 3,

2009, higher command officials failed to take action regarding his request

to be returned to work or to approve his request for LWOP and to provide

him the agency documents related to the Notice of Intent; and that he was

not selected for the position of Manager, ND-05 under vacancy announcement

#NE6-NDXXXX-05-4G358535C. The Agency dismissed these claims citing 29

C.F.R. § 1614.107(a)(1), as claims which failed to state a claim or

which stated claims which had been raised in previous complaints; citing

29 C.F.R. § 1614.107(a)(2), as untimely raised with an EEO Counselor;

and citing 29 C.F.R. § 1614.107(a)(9), for abuse of process.

At the conclusion of the investigations, the Agency provided Complainant

with copies of the reports of investigation and notice of his right to

request hearings before an EEOC Administrative Judge (AJ). Complainant

requested hearings for each complaint.

The hearings process

Complainant’s hearing requests were filed in November 2008, June 2009,

August 2009, and November 2009. The hearings requests were consolidated

for processing by the same AJ under Hearing Nos. 531-2010-00072X through

531-2010-00078X. On December 23, 2009, the Agency was ordered to produce

the records in all the complaints. On April 15, 2010, the AJ issued the

Acknowledgment and Order, setting out the parameters for the conduct of

the hearing process, directing the parties to commence discovery, and

notifying the parties of the potential that sanctions could be issued

in the event that either party did not comply with the Orders of the AJ.

The AJ assigned to Complainant’s hearing requests had previously been

assigned prior hearing requests of Complainant.1 On April 30, 2010,

the AJ issued a notice entitled Adoption of Previous Orders, in which he

adopted certain Orders previously issued in Hearing Nos. 120-2003-00031X,

120-2003-00387X, 531-2007-0038X and 531-2007-00135X, in which he had

ruled on issues such as the amount of official time to grant Complainant

to work on his EEO complaints, motions previously made by Complainant to

disqualify the Agency Counsel, motions made by Complainant for a change

of venue and of AJ, and various other discovery disputes which had arisen,

as well as on previous motions for sanctions initiated by the parties.

On May 6, 2010, the AJ denied Complainant’s Motions for Change of

Venue, to Disqualify the Agency Counsel, to Compel the Agency to

Audiotape and Transcribe all Future Teleconferences and Hearings,

to Compel Agency Representative to Certify Under Penalty of Perjury

the Content of Agency Correspondence, and to Compel Agency to Send

Confirmation of Every Correspondence Sent to Administrative Judge.

Complainant was admonished not to submit Motions to the Supervisory AJ,

but rather to the AJ assigned to the hearings. Complainant was again

reminded to comply with previous AJ Orders in which he was ordered to

cease his personal attacks on the Agency Counsel, in which he continually

made allegations against the Agency Counsel, accusing him of committing

fraud, suborning of perjury, and other criminal acts, and was ordered to

refile all Motions already submitted and to remove the offending language.

On May 25, 2010, the AJ issued an Order Striking Complainant’s Improper

Motions when he did not do so.

On May 19, 2010, the Agency filed a Motion to Dismiss Complainant’s

complaints due to his “persistent contumacious conduct, violations of

and disdain for EEOC orders, and an abuse of process” which had been

“unabated for seven years.” On May 27, 2010, the Agency filed a

Motion for Sanctions, due to Complainant’s failure to appear for the

scheduled Pre-hearing and Status Conference, and his “contumacious

disrespect and disregard for [the AJ]'s authority.” It requested that

Complainant be assessed the attorney’s fees and costs incurred by the

Agency Counsel in appearing at the status conference

On June 8, 2010, the Supervisory AJ issued an Order entitled Order On

Complainant’s Fourth Motion For A Change Of Venue And Opposition To

5/27/10 Motion, in which she denied Complainant’s repeated requests to

recuse the assigned AJ. On June 21, 2010, Complainant filed a Motion to

Reconsider with the Supervisory AJ, in which he again requested a change

of venue so that a new AJ could consider his requests to disqualify

the Agency Counsel. Complainant claimed that the assigned AJ was in

collusion with the Agency Counsel and allowed the Agency Counsel to

engage in fraud, abuse, criminal conduct, deliberate misrepresentation,

fraudulent assertions, and obstruction of justice.

The Agency had served Complainant with its initial discovery requests

on May 5, 2010. Complainant did not respond to the discovery requests.

On June 24, 2010, the Agency filed a Motion to Compel, asking the AJ to

order Complainant to respond to the discovery requests.

On July 9, 2010, the AJ issued an Order of Dismissal of Hearing in

which he dismissed Complainant’s hearing requests with prejudice. The

AJ recounted in detail the contents of many of his previous Orders,

the past behavior of Complainant, and Complainant’s persistent

refusal to comply with the Orders of the AJ. He noted Complainant’s

refusal to refile edited versions of all the Motions he had previously

submitted, so that the Motions would no longer contain the language which

comprised his “baseless accusations” against the Agency Counsel.

He recounted several examples of Complainant’s accusations against

the Agency Counsel, and against the AJ, who he accused of being in

a criminal conspiracy with the Agency Counsel to “deny [him] fair

hearing” and to “dismiss [his] case by fraud.” The AJ stated

that Complainant’s accusations regarding Agency Counsel and the AJ

had already been previously considered in prior Hearings Requests,

in Commission appeals decisions, and by a U.S. District Court judge,

and found to be without merit.

The AJ found that Complainant had demonstrated “willful, disobedient,

contumacious conduct” in his refusal to appear for the in-person

status conference scheduled for May 25, 2010, and that sanctions were

appropriate. He concluded that no less a sanction than the dismissal

of Complainant’s hearings requests would be effective in controlling

the proceedings before him. The AJ did deny the Agency’s request

to assess Complainant the attorney’s fees and costs incurred by the

Agency for the status conference at which Complainant did not appear.

Rather than dismiss Complainant’s complaints in their entirety, however,

as requested by the Agency, the AJ remanded the complaints to the Agency

for decisions on the record.

Final Agency decisions

On September 10, 2010, the Agency issued its final decisions on

each complaint pursuant to 29 C.F.R. § 1614.110(b). The decisions

concluded that Complainant failed to prove that the Agency subjected

him to discrimination as alleged.

In its decision (FAD #1) for complaint #1 (Agency No. 08-00167-01397,

EEOC Appeal No. 0120110403), the Agency found that on March 14, 2007,

a vacancy announcement was opened for General Engineer positions at

various grade levels (vacancy announcement DON0801), including for the

three positions at issue in complaint #1. Complainant applied for the

positions, but was not selected. For the positions at issue in claims

1 and 2, Complainant was one of six competitive candidates listed on

each certificate. For the position in claim 3, Complainant was one of

the 21 competitive candidates listed on the certificate. In order to

be selected, each position required that the selectee have the ability

to receive and maintain a Secret security clearance. The selecting

official (SO-1) for the positions in claims 1 and 2 stated that he

had been informed that Complainant’s security clearance had been

revoked, that he confirmed that information through the Joint Personnel

Adjudication System, and that the Administrative Office informed him that

this rendered Complainant not qualified for the positions. Accordingly,

the selecting official selected different candidates for the positions in

claims 1 and 2. The temporary promotions took effect on March 16, 2008.

Complainant admitted that his security clearance had been revoked and

that he had been suspended from work from February 2007 through April

27, 2008.2

The Agency decision assumed that Complainant had established his prima

facie cases on all alleged bases. It found that it had articulated

legitimate, nondiscriminatory reasons for not selecting Complainant for

each position. For the positions in claims 1 and 2, Complainant was

not selected because his security clearance had been revoked at the

time of the selections. For the position in claim 3, the selecting

official (SO-2) established a selection panel to rate and rank the

21 candidates, and SO-2 interviewed the top five ranked candidates.

Complainant was not rated in the top 5 based on the panel’s assessment

of his qualifications, and was therefore not interviewed. The selectee

was chosen on April 15, 2008, based on her superior qualifications.

The Agency concluded that Complainant had not shown the Agency’s

reasons to be pretext for discrimination on any of his alleged bases,

and had not demonstrated that he was so plainly superior to the selectees

as to require a finding of discrimination.

In its decision (FAD #2) for complaint #2 (Agency No. 08-00167-02219, EEOC

Appeal No. 0120110404), the Agency found that on March 14, 2007, a vacancy

announcement was opened for General Engineer positions at various grade

levels (vacancy announcement DON0801) (same as in complaint #1), including

for the 13 positions at issue. Complainant applied for each of the 13

positions. In nine of the positions, Complainant was rated and ranked

with the other candidates on the certificates, but was never the highest

rated candidate. Two positions at issue had the certificate cancelled

and no selection made. For one position, Complainant was not referred

on the certificate as qualified. As to the final position at issue, the

Agency found that Complainant had apparently included his non-selection

as a claim in a previously filed complaint, and that during the course

of the investigation he had not provided any substantive information

about the non-selection, such as the vacancy announcement number.

Regarding the 14-day suspension, on May 5, 2008, Complainant was issued

a Notice of Proposed Suspension for 14 days, based on charges of Misuse

of Government Time and/or Resources and Lack of Candor. The first

charge was based on incidents in which Complainant used his government

computer for personal use between December 2005 and February 2007, and

for not accurately reporting his arrival times on several dates.3 The

second charge related to Complainant misrepresenting his whereabouts at

the Agency facility, and for representing that another employee’s work

product was his own. Upon his return from the indefinite suspension, the

Department Head placed Complainant on a fixed schedule of 7:30 a.m. to

4:00 p.m., Monday through Friday. Complainant requested to be allowed

to go back to his flexible start-time schedule, but his requests were

denied. Complainant also claimed that he was subjected to a hostile work

environment because his supervisors and the Agency Counsel had not been

removed from their employment with the Agency because of their alleged

discrimination against him.

The Agency decision assumed that Complainant had established his prima

facie cases on all alleged bases. It found that it had articulated

legitimate, nondiscriminatory reasons for not selecting Complainant

for each position. In each instance, Complainant was not the superior

candidate for the position in question, or no selection was made

from the certificate. It also found that it had provided legitimate,

nondiscriminatory reasons for the issuance of the suspension and for

denying Complainant a flexible schedule, and for not removing from

employment those whom Complainant had named as responsible management

officials in previous complaints. The Agency concluded that Complainant

had not shown the Agency’s reasons to be pretext for discrimination on

any of his alleged bases, had not demonstrated that he was so plainly

superior to the selectees as to require a finding of discrimination,

and had not shown the Agency’s actions to be otherwise discriminatory.

In its combined decision (FAD #3) for complaint #3 (Agency

No. 08-00167-02685) and complaint #4 (Agency No. 08-00167-03202),

(EEOC Appeal No. 0120110398), the Agency found that Complainant was

assigned to the Signatures Department, Electromagnetic Signatures

Division, Signatures Engineering Branch, but that on June 23, 2008,

he was informed that he would be reassigned to the Acoustic Signatures

Technology Division, Structural, Acoustics, and Target Strength Branch.

Complainant sent letters to the Secretary of the Navy, the Activity

Commander, the Commander of Naval Sea Systems Command, and the Chief

of Naval Operations attempting to have his suspension rescinded (from

complaint #2), his flexible work schedule reinstated, and his reassignment

rescinded. Complainant met with his second-level supervisor on July

8, 2008 and was informed of the following: his work schedule would be

7:30 a.m. to 4:00 p.m., Monday through Friday; he would get one hour of

official time on Tuesdays and Thursdays, between 9:00 and 10:00 a.m.,

in order to work on his EEO complaints; he was assigned a government

computer and told the locations of the printer, copier and fax; his

office space was moved; he was told the leave policy; and he was given

his job order numbers.

Complainant requested that his transfer be rescinded, that his flexible

work schedule be reinstated, and that he receive an additional seven

hours of official time each week to work on his EEO complaints. He also

asked that he be moved to an office with a thermostat, claiming that

he had been put into a “closet,” and that he be allowed to telework

three days a week. When his assigned office equipment was out of order,

he claimed that he was not allowed to use alternative equipment.

Complaints #3 and #4 contain five claims of discriminatory non-selection.

One position was advertised via memo to all Code 72 personnel to solicit

interest. The selecting official collected statements of qualification

and interest in the position of Interdisciplinary Manager, from which

he then made a selection. For the other four positions, certificates

containing competitive candidates were generated, and Complainant was

listed on three of the four certificates. In those instances, another

candidate was found to be more qualified and was selected. For the fourth

certificate where Complainant was not listed as a competitive candidate,

no selection was made for the position.

Finally, Complainant claimed that in September 2008, he attempted to

retrieve three computer memory sticks he had loaned to another employee,

and to locate several items which had been in his office prior to his

long-term suspension, but which could no longer be found. He claimed

that the Agency refused to aid him in recovering any of the items.

The Agency decision assumed that Complainant had established his prima

facie cases on all alleged bases. It found that it had articulated

legitimate, nondiscriminatory reasons for each of Complainant’s

claims. The Department Head testified that Complainant was reassigned

to a new position upon his return from the long-term suspension for a

variety of reasons. Complainant was reassigned to the Target Strength

Branch because Complainant’s Ph.D. thesis was in Target Strength,

and he had previously worked there. The Target Strength Branch was

short-handed due to a recent retirement and needed help, and it was

thought that Complainant could get a “fresh start” there as he had

no adverse history with the Target Strength Branch Head. Additionally,

the Department Head noted that Complainant took a lot of time to manage,

that the Signatures Engineering Branch had been demoralized due to the

amount of time the supervisor there had to spend on Complainant, and

that while Complainant had been out of the workplace, the Branch had

made a lot of progress toward becoming stabilized, which the Department

Head did not wish to jeopardize.

Complainant was put on a fixed schedule and his telework request was

denied due to the need to monitor his location and activities, as a

result of Complainant’s prior misuse of government equipment, and his

prior falsification of sign-in/sign-out sheets. His request to telework

three days a week was also denied because no one in the Department was

on a regularly-scheduled telework schedule, and no one teleworked three

days a week on a regular basis; telework was generally approved on an

ad hoc basis. Complainant’s requests for additional time each week

to work on his EEO complaints were denied because Complainant did not

provide any supporting information which demonstrated that he required

additional official time for specific tasks, and the Legal Office had

advised that no cases had hearings scheduled at that time which would

necessitate additional preparatory time.

In response to Complainant’s claim that he could not use alternative

office equipment was his assigned equipment was out of order, his

supervisor testified that he had checked the equipment on the days

in question and found it to be in working order, and that supplies of

ink cartridges and paper were available. He also noted that two other

printers were available for use, and that no other employees who also used

the same equipment complained about either supplies or functionality.

Complainant’s second-level supervisor noted that Complainant did not

complain that the office equipment did not work with respect to his

required Agency work, just for his EEO complaint work.

Regarding Complainant’s claims about his assigned office space,

Complainant’s supervisors testified that the office was not a

“closet” but rather was an appropriately-sized office space that

the previous occupant had never complained about. Many other employees,

including senior personnel, had used the space in the past, and it had

been in generally continuous use for many years. The new office was

situated to allow management to observe Complainant. Upon receiving

Complainant’s complaints about the air flow and temperature, the Safety

and Facilities Office inspected the space and identified actions that

would be taken to improve air flow.

The Agency proffered that the computer memory sticks were taken from

Complainant because the memory sticks were government property, and

Complainant had failed to return them when asked during the period of

the suspension of his security clearance. Complainant’s first-level

supervisor testified that since August 2008, the use of personal computer

memory sticks has been prohibited at the Agency facility, and the use of

memory sticks by all employees had since been prohibited. The use of

USB devices in general had been limited Agency-wide. Complainant’s

first-level supervisor also stated that Complainant’s rationale for

needing the memory sticks caused concern as there was no valid work

reason for him to use them.

Complainant’s first-level supervisor also testified that he attempted

to help Complainant retrieve his missing materials and files, all of

which was government property related to a particular project to which

Complainant had been assigned. Complainant’s second-level supervisor

confirmed that Complainant was directed to a storage area that had

boxes of his office contents, and that Complainant’s efforts should

be directed to recovering or recreating only the materials necessary

for his currently assigned work projects.

As to the non-selections claims in complaints #3 and #4, the Agency found

that Complainant was not selected because at the time of one selection,

he had a suspended security clearance and was unavailable therefore for

the position, no one was selected for another position, and Complainant

was not determined to be the best candidate for the other positions.

The Agency’s decision in FAD #3 concluded that Complainant had not

shown the Agency’s reasons to be pretext for discrimination on any

of his alleged bases, had not demonstrated that he was so plainly

superior to the selectees as to require a finding of discrimination,

had not demonstrated that the Agency actions were based on anything

other than his long-standing misconduct issues, and had not shown any

of the Agency’s actions to be otherwise discriminatory.

In its decision (FAD #4) for complaint #5 (Agency No. 09-00167-00900,

EEOC Appeal No. 0120110400), the Agency found that for the performance

appraisal period in FY2008 (October 1, 2007 through September 30,

2008), Complainant was rated as “Acceptable.” His supervisor noted

that he had demonstrated “minimally acceptable performance” on his

assigned tasks. When assessing his performance using the factors that

determine incentive pay points, Complainant received two points, with

a notation of “marginal performance.” Complainant asked his first

and second-level supervisors to reconsider his performance assessment,

who asked him to submit any additional information or work products that

he wished to have considered as part of his FY2008 accomplishments.

In the course of the discussion via e-mail regarding his FY2008

performance evaluation, Complainant sent an e-mail to his second-level

supervisor which referenced certain programs on which he had worked,

and which Complainant had also sent to his first-level supervisor and to

a non-Agency e-mail account that appeared to belong to Complainant’s

brother. The second-level supervisor was concerned about the sensitivity

of the program information forwarded, and asked the Technical Warrant

Holder to evaluate the information. The evaluation concluded that the

program information was not classified, but was very sensitive and was

“for official use only.” Based on this, Complainant’s first-level

supervisor ordered Complainant not to send any e-mails that contained

work or work-related information to any non-government e-mail account.

Complainant disputed this analysis of the e-mail contents and maintained

that no classified information was being transmitted and that he needed

to send it to his home e-mail account in order to respond to requests

related to his performance evaluation.

Regarding the non-selection, on March 14, 2007, a vacancy announcement

was opened for General Engineer positions at various grade levels (vacancy

announcement DON0801), (same as in complaint #1), including for the ND-05

Engineer position under certificate number NE8-ND-0801-05-4G130717-C in

Code 2130. On October 14, 2008, an internal certificate was issued with

two candidates; Complainant was not on the certificate. A selection panel

rated the candidates, interviewed each, and forwarded their recommendation

to a selecting official, who chose the selectee.

The Agency decision assumed that Complainant had established his prima

facie cases on all alleged bases. It found that it had articulated

legitimate, nondiscriminatory reasons for each of Complainant’s claims.

The Agency found that Complainant’s first-level supervisor had solicited

input from Complainant’s prior supervisors in the Signatures Engineering

Branch, and considered Complainant’s self-appraisal and his work

products when determining the FY2008 performance rating. Reviewing the

totality of Complainant’s work products and considering the input he

received, the first-level supervisor determined that Complainant’s

performance was “Acceptable,” which he stated was not meant to be

a negative rating. He testified that in his judgment and that of the

second-level supervisor, Complainant did not warrant the four pay points

he was arguing he should have been awarded.

Complainant’s first and second-level supervisors were aware

of the e-mail address of Complainant’s brother, who had been

removed from employment at the same facility of the Agency4, and

were concerned about Complainant forwarding work-related information

to a non-government e-mail address. After a review of the forwarded

material by the Technical Warrant Holder, Complainant was ordered not

to send work-related information to non-government e-mail addresses.

Complainant’s first-level supervisor maintained that he had a

responsibility to safeguard classified and unclassified material.

His second-level supervisor testified that Complainant’s assertion

that he was using his personal e-mail to back-up information was not

provided until Complainant filed the instant EEO complaint, and that

if Complainant was using private e-mail to back-up information such a

practice would be against Information Technology security regulations.

As to the non-selection at issue in complaint #5, the Agency found

that Complainant had not been forwarded on the selection certificate as

qualified for the position, and so was not considered by the three-member

selection panel, or by the selecting official. The position at issue

required a Top Secret security clearance, which Complainant did not

possess.

The Agency concluded that Complainant had not shown the Agency’s

reasons to be pretext for discrimination on any of his alleged bases,

and had not demonstrated that he was so plainly superior to the selectee

as to require a finding of discrimination.

In its decision (FAD #5) for complaint #6 (Agency No. 09-00167-00755,

EEOC Appeal No. 0120110402), the Agency found that on March 14, 2007, a

vacancy announcement was opened for General Engineer positions at various

grade levels (vacancy announcement DON0801), (same as in complaint #1),

including for the two positions at issue in complaint #6. Complainant

applied for the positions, but was not selected. For the position in

claim 1, Complainant was on the certificate as one of six competitive

candidates. A selection panel rated and ranked the candidates and

conducted interviews; Complainant was ranked fourth and was not selected.

For the position in claim 2, Complainant was one of three candidates who

submitted resumes to the Department Head for consideration. An interview

panel was established with three voting members, the selecting official

and a non-voting member who was the EEO representative. Complainant

scored very low and was dropped from the second round of interviews.

The Agency decision assumed that Complainant had established his prima

facie cases on all alleged bases. It found that it had articulated

legitimate, nondiscriminatory reasons for each of Complainant’s claims.

For claim 1, the selecting official testified that the most qualified

candidate was chosen. He testified that the position was for a highly

technical Program Manager position in his Branch and that it required

very specific experience in that field. The selecting official stated

that Complainant had not worked in that Branch in the entire eight years

the selecting official had been there, and so could not possibly have the

expertise he claimed to possess. The selecting official and the interview

panel members each testified that Complainant began his interview by

angrily denouncing the interview process as a farce to promote a favored

person, and that he accused the panel of being biased against him.

For claim 2, the Agency noted that panel interviews had been conducted

and that Complainant ranked far below the other candidates and so was not

interviewed in the second round. The selecting official testified that

Complainant was not able to answer the interview questions appropriately,

that he was not focused, and that his answers lacked quality. Complainant

asserted he was qualified, but would not answer the questions with

specifics, while the other candidates were able to do so.

The Agency asserted that Complainant was not the most qualified for

either position at issue in complaint #6. The positions also required

a Top Secret security clearance, which Complainant did not possess.

The Agency concluded that Complainant had not shown the Agency’s

reasons to be pretext for discrimination on any of his alleged bases,

and had not demonstrated that he was so plainly superior to the selectees

as to require a finding of discrimination.

In its decision (FAD #6) for complaint #7 (Agency No. 09-00167-01370,

EEOC Appeal No. 0120110401), the Agency found that on January 4,

2009, Complainant was sent a reminder by the Training Department to

complete the Annual Security Refresher training by February 6, 2009.

Complainant asserted that the training was not due until May 2009.

Complainant also claimed that his first-level supervisor scheduled

meetings at 3:00 p.m. so that the meeting would not be over by 4:00

p.m. and so that he could then harass Complainant about not leaving by

4:00 p.m., as he had been instructed to do.

On February 10, 2009, the Division Commander issued Complainant a Notice

of Intent to Suspend Access to Classified Information and Eligibility

for Assignment to a Sensitive Position (Notice of Intent), based on

Complainant’s failure to follow security and information technology

directives relating to his use of USB devices on his Agency computer,

in violation of Agency policy. Complainant was also found to have

accessed web pages unrelated to his work. Complainant asked for an

extension of time to respond to the Notice of Intent, as well as for the

supporting documentation. The Division Commander denied his extension

request and informed Complainant that all supporting documentation had

already been attached to the Notice of Intent. The Notice of Intent also

placed Complainant on administrative leave while the Notice of Intent was

pending, and he was ordered to return all government property assigned to

him, including his travel and purchase cards, badges, laptop and other

computers, mobile phone and memory sticks. Complainant was escorted

from the facility to his car by a police officer.

On February 13, 2009, Complainant requested LWOP for the time period

during which his security clearance was suspended, which was denied.

On February 18, 2009, the Division Commander issued Complainant the

Notice to Indefinitely Suspend Access to Classified Information and

Eligibility for Assignment to a Sensitive Position (Notice to Suspend).

Complainant was to be suspended until the Department of the Navy Central

Adjudication Facility (DONCAF) made a final determination on his security

clearance. Complainant sent several requests to the Division Commander

to reconsider the decision, but did not receive any reply.

The Agency found that on March 14, 2007, a vacancy announcement

was opened for General Engineer positions at various grade levels

(vacancy announcement DON0801), (same as in complaint #1), including

for the position at issue in complaint #7. Complainant applied and was

considered for the position of Engineer, ND-05, on a certificate that

included eight competitive candidates and one non-competitive candidate.

The selecting official reviewed the resumes, decided not to conduct

interviews, and chose another candidate for the position.

The Agency decision assumed that Complainant had established his prima

facie cases on all alleged bases. It found that it had articulated

legitimate, nondiscriminatory reasons for each of Complainant’s claims.

As to Complainant’s claim about the Annual Security Refresher training,

the Agency found that the training was mandatory for all personnel,

that an organization outside of Complainant’s facility initiated

it and set the February 6, 2009, deadline, and records were kept as

to who had completed the training. The training was web-based and

could be completed by the employee on work time, at a time of their

own choosing. Complainant’s supervisors testified that he was not

treated any differently than any other employee with respect to the

training requirement and reminders.

As to Complainant’s claim that he had been chastised for staying past

4:00 p.m., Complainant’s first-level supervisor testified that he had

told Complainant that even if another employee asked him to stay past

4:00 p.m., as he claimed, Complainant was to leave at 4:00 p.m., as he

had been instructed to do. Complainant had stayed late more than 14

times, in violation of the directive specifying his work hours, which

was in place due to his prior time-card fraud issues.

The Agency put forth testimony that Complainant received the Notice of

Intent to Suspend Access to Classified Information and Eligibility for

Assignment to a Sensitive Position due to his alleged use of computer

memory sticks to store classified information, his use of memory sticks

outside of the lab, and his use of memory sticks in violation of the

Agency-wide prohibition on their use. The beginning of the process

to suspend his security clearance started with the Notice of Intent,

and Complainant’s opportunity to respond to the Notice of Intent.

All employees were informed of their security responsibilities in

annual trainings, and were on notice as to what could suspend access to

classified information. Complainant’s supervisors maintained that he

had been given all relevant supporting documentation when he received

the Notice of Intent.

The Division Commander testified that he issued the Notice of Intent,

and the Notice to Suspend, after a network monitoring system documented

that a flash drive had been inserted in Complainant’s computer,

and that classified materials were found on the device. He also

maintained that Complainant had visited “troubling” websites and

stored that information on his computer. That information included

instructions on how to make a flame thrower, how to pick a lock, and what

to do when the Federal Bureau of Investigation showed up at the door.

The Division Commander stated that he denied Complainant’s request for

supporting documentation because Complainant requested the flash drive in

question, which Complainant was not permitted to have off Agency premises.

He maintained that Complainant had more than adequate time to respond to

the Notice of Intent. The Division Commander found that Complainant had

not submitted anything in his response which caused him to change his

mind, so he issued the Notice to Suspend, and Complainant’s requests

to reconsider were beyond his control to grant as the decision had moved

on to DONCAF5 to make.

In accordance with Agency policy, once Complainant received the Notice of

Intent, he was escorted off the Agency work site, and was not permitted

to take work materials with him. Complainant’s supervisors went through

the 11 boxes of materials Complainant attempted to remove from his office,

and separated out the government property from Complainant’s personal

property, finding a significant amount of government work product,

classified information, and government property. Complainant’s

request for LWOP was denied as Agency policy was to put employees on

administrative leave when deciding on a suspension.

Finally, as to Complainant’s non-selection claim, the Agency put

forth testimony from the selecting official that Complainant could

not be considered based on the suspension of his security clearance,

and because he was not the best qualified for the position.

The Agency concluded that Complainant had not shown any of these Agency

reasons to be pretext for discrimination on the bases of his national

origin, age or in reprisal for his EEO activity, had not demonstrated

that he was so plainly superior to the selectee as to require a finding of

discrimination, and had not shown the Agency’s actions to be otherwise

discriminatory.

The Agency decisions concluded that Complainant failed to prove that the

Agency subjected him to discrimination based on his national origin,

age or in reprisal for his extensive past EEO activity. Complainant

thereafter filed the instant appeals.

CONTENTIONS ON APPEAL

In his arguments in support of his appeals, Complainant argued at length

that the AJ had abused his discretion in dismissing Complainant’s

hearing request, and accused the AJ and the Agency Counsel of improper

behavior, using much of the same inflammatory language and arguments

that the AJ found to be improper and without merit. Complainant also

argued that the Commission should reverse the Agency’s findings of no

discrimination and issue decisions in his favor.

The Agency filed statements in opposition to Complainant’s appeals, in

which it argued that the AJ had made an appropriate decision to dismiss

the hearing requests, given the history of Complainant’s behavior and

failure to comply with AJ Orders. It also urged the Commission to affirm

its findings on the merits of Complainant’s complaints.

ANALYSIS AND FINDINGS

As this is an appeal from a decision issued without a hearing, pursuant

to 29 C.F.R. § 1614.110(b), the Agency's decision is subject to de

novo review by the Commission. 29 C.F.R. § 1614.405(a). See Equal

Employment Opportunity Management Directive for 29 C.F.R. Part 1614 (EEO

MD-110), at Chap. 9, § VI.A. (Nov. 9, 1999) (explaining that the de novo

standard of review “requires that the Commission examine the record

without regard to the factual and legal determinations of the previous

decision maker,” and that EEOC “review the documents, statements,

and testimony of record, including any timely and relevant submissions

of the parties, and . . . issue its decision based on the Commission’s

own assessment of the record and its interpretation of the law”).

The Agency’s procedural dismissals

In each complaint (with the exception of complaint #2), the Agency

dismissed one or more of Complainant’s claims under various parts of

29 C.F.R. § 1614.107(a). We have reviewed the Agency’s procedural

dismissals in each instance and find that the Agency correctly determined

that the claims in question should be dismissed.

We note that we have previously affirmed the Agency’s dismissals

of Complainant’s complaints of discriminatory non-selections for

abuse of process in Y. Stoyanov v. Dep’t of the Navy, EEOC Appeal

Nos. 0120110604, 0120111454, 0120111991 (April 20, 2011) and Y. Stoyanov

v. Dep’t of the Navy, EEOC Appeal Nos. 0120113142, 0120113817,

0120114019 (December 6, 2011).

AJ’s dismissal of hearing requests

The AJ dismissed Complainant’s hearing requests on the basis of his

failure to comply with Orders, to refrain from personally attacking the

integrity of Agency Counsel, and because Complainant had demonstrated

“willful, disobedient, contumacious conduct” in his refusal

to appear for the in-person status conference. The AJ’s Order of

Dismissal detailed Complainant’s behavior in the hearing process for

these complaints, and references Complainant’s previous history in the

hearing process for other complaints. Complainant has been repeatedly

warned and ordered not to engage in disrespectful conduct towards the

Agency Counsel and towards the Administrative Judges. He has been ordered

not to file frivolous and repetitive motions. He has been sanctioned,

in a previous case, through an order to pay attorney’s fees and costs

for the Agency, and had motions struck from the record. Despite these

past Orders, warnings, and sanctions, Complainant persisted in some of

the same conduct in the instant cases.

The Commission's regulations afford broad authority to AJs for the

conduct of hearings. 29 C.F.R. § 1614.109 et seq.; EEO MD-110, Chap. 7,

§ III.D. An AJ has inherent powers to conduct a hearing and issue

appropriate sanctions, up to and including a default judgment. Id.;

see Matheny v. Dep’t of Justice, EEOC Request No. 05A30373 (April 21,

2005); Rountree v. Dep’t of the Treasury, EEOC Appeal No. 07A00015 (July

17, 2001). We find that the AJ was well within the bounds of discretion

when he dismissed Complainant’s hearing request with prejudice, as

clearly, no other sanction would seem to have any effect on modifying

Complainant’s behavior.6

Agency’s findings

We turn to whether the Agency findings of no discrimination are supported

by the evidence in the records. To prevail in a disparate treatment claim

such as this, complainant must satisfy the three-part evidentiary scheme

fashioned by the Supreme Court in McDonnell Douglas Corp. v. Green, 411

U.S. 792 (1973). Complainant must initially establish a prima facie case

by demonstrating that he was subjected to an adverse employment action

under circumstances that would support an inference of discrimination.

Furnco Construction Co. v. Waters, 438 U.S. 567, 576 (1978). Proof of a

prima facie case will vary depending on the facts of the particular case.

McDonnell Douglas, 411 U.S. at 804, n. 14. The burden then shifts to

the Agency to articulate a legitimate, nondiscriminatory reason for

its actions. Texas Department of Community Affairs v. Burdine, 450

U.S. 248, 253 (1981). To ultimately prevail, Complainant must prove,

by a preponderance of the evidence, that the agency’s explanation is

pretextual. Reeves v. Sanderson Plumbing Products, Inc., 530 U.S. 133,

143 (2000); St. Mary's Honor Center v. Hicks, 509 U.S. 502, 519 (1993).

We assume that Complainant has established his prima facie cases of

discrimination on the bases of his national origin, age and reprisal.

This shifts the burden to the Agency to articulate legitimate,

nondiscriminatory reasons for its actions. A review of the records

for the seven complaints at issue in these six appeals finds evidentiary

support for each of the reasons for the Agency’s actions, as articulated

in the final Agency decisions. We do not find that Complainant has

shown that the Agency’s reasons were pretext for discrimination, and

there is no evidence in the record to support Complainant’s contentions.

CONCLUSION

Based on a thorough review of the record and the contentions on appeal,

including those not specifically addressed herein, we AFFIRM the

Agency’s final decisions finding Complainant did not establish that

he was subjected to unlawful discrimination, as alleged.

STATEMENT OF RIGHTS - ON APPEAL

RECONSIDERATION (M0610)

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), at 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

77960, Washington, DC 20013. 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 (S0610)

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 (Z0610)

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 from the Court that

the Court appoint an attorney to represent you and that the Court also

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 with

the Court 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

January 27, 2012

Date

1 The AJ had processed Complainant’s requests in Agency

No. 06-00167-01637/Hearing Request No. 531-2007-00135X (appealed in EEOC

Appeal No. 0120073694 (Dec. 22, 2011)), and Agency Nos. 03-00167-005,

007, 010/Hearing Request No. 120-2003-00387X (appealed in EEOC Appeal

No. 01A50861 (March 2, 2006)), as well as several of the Hearing

Requests for Complainant’s brother’s EEO complaints (filed against

the same Agency facility as Complainant’s complaints), which had been

consolidated for joint processing with those of Complainant.

2 Complainant’s claims regarding the revocation of his security

clearance and his indefinite suspension are at issue in Agency

Nos. 07-00167-01520 and 07-00167-01928, which are the subject of EEOC

Appeal Nos. 0120110405 and 0120110406 (pending).

3 The issuance of the Notice of Proposed Suspension had been held in

abeyance while Complainant was serving the indefinite suspension related

to the revocation of his security clearance between February 2007 and

April 2008.

4 See A. Stoyanov v. Dep’t of the Navy, EEOC Request No. 03A50077

(Sept. 23, 2005), in which we affirmed the ruling of the Merit Systems

Protection Board (MSPB) that Complainant’s brother’s removal from

the Agency was proper.

5 Department of the Navy Central Adjudication Facility.

6 We note that Complainant has filed numerous subsequent EEO complaints

in which he requested hearings before a Commission AJ. The appeals of

the dismissal of those hearings requests and the Agency’s decisions on

the merits of his complaints are at issue in EEOC Appeal Nos. 01201103931

through 0120113936 (pending).

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0120110398

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

Office of Federal Operations

P.O. Box 77960

Washington, DC 20013

2

0120110398, 0120110400

0120110401, 0120110402

0120110403, 0120110404