01a02512
06-22-2000
Alicia R. Neufeld, Myrna G. Perez, Alma A. Davaloz, and Vickie J. Louthen, Complainants, v. William J. Henderson, Postmaster General, United States Postal Service, Agency.
Alicia R. Neufeld, Myrna G. Perez,<1> Alma A. Davaloz, and Vickie J.
Louthen v. United States Postal Service
01A02512
June 22, 2000
Alicia R. Neufeld, Myrna G. Perez,<1> Alma )
A. Davaloz, and Vickie J. Louthen, ) Appeal Nos. 01A02512
Complainants, ) 01A02514
) 01A02518
v. ) 01A02523
)
William J. Henderson, ) Agency Nos. 4-G-780-0403-99
Postmaster General, ) 4-G-780-0411-99
United States Postal Service, ) 4-G-780-0415-99
Agency. ) 4-G-780-0406-99
____________________________________________) (Consolidated)
DECISION
Upon review, the Commission finds that complainants' complaints were
properly dismissed, for, inter alia, failure to state a claim, pursuant
to 64 Fed. Reg. 37,644, 37,656 (1999)(to be codified and hereinafter
referred to as EEOC Regulation 29 C.F.R. � 1614.107(a)(1)).<2> The
Commission has consolidated complainants' complaints, having found that
their complaints raise a common claim: that, for prohibited reasons, a U.S.
Attorney's Office "conspired" with the agency to bring a false accusation
of ethical wrongdoing against an attorney in a matter pending before a U.S.
District Court Judge.
On appeal, no persuasive arguments or evidence have been presented
regarding whether complainants have stated a claim, i.e., to show
that complainants were injured by the incident raised. In light
of our decision, we need not address the agency's other grounds for
dismissal. Accordingly, the agency's final decisions, each dated January
4, 2000, dismissing complainants' complaints are AFFIRMED.<3>
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0300)
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 64
Fed. Reg. 37,644, 37,659 (1999) (to be codified and hereinafter referred
to as 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 64 Fed. Reg. 37,644, 37,661 (1999) (to be codified and hereinafter
referred to as 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).
COMPLAINANTS' RIGHT TO FILE A CIVIL ACTION (S0400)
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:
June 22, 2000
________________________________
Date Carlton M. Hadden, Acting Director
Office of Federal Operations
CERTIFICATE OF MAILING
For timeliness purposes, the Commission will presume that this decision
was received within five (5) calendar days of mailing. I certify that
the decision was mailed to complainant, complainant's representative
(if applicable), and the agency on:
_______________ __________________________
Date
1The final agency decision (FAD) identified complainant as
"Myria G. Perez," which appears inconsistent with documents signed by
complainant in this case.
2On November 9, 1999, revised regulations governing the EEOC's federal
sector complaint process went into effect. These regulations apply to all
federal sector EEO complaints pending at any stage in the administrative
process. Consequently, the Commission will apply the revised regulations
found at 64 Fed. Reg. 37,644 (1999), where applicable, in deciding the
present appeal. The regulations, as amended, may also be found at the
Commission's website at www.eeoc.gov.
3Complainants appear to have raised new claims for the first time on
appeal, in their virtually identical briefs all executed the same day,
i.e., March 3, 2000. Therefore, they are advised to seek EEO counseling
if they wish to pursue, through the EEO process, the additional reprisal
allegations they raised for the first time on appeal. In that event,
they shall initiate contact with an EEO counselor within 15 days after
they received this decision. The Commission advises the agency that if
complainants seek EEO counseling regarding the new allegations within the
above 15 day period, the date complainants filed the appeal statement in
which they raised these allegations with the agency shall be deemed to
be the date of the initial EEO contact, unless they previously contacted
a counselor regarding these matters, in which case the earlier date
would serve as the EEO counselor contact date. Cf. Qatsha v. Dept. of
the Navy, EEOC Request No. 05970201 (January 16, 1998). In addition,
complainants should inform the EEO counselor if they want to file a
class action complaint, as they indicated on appeal in the present case.