Carl E. Owen, Complainant,v.Jo Anne B. Barnhart, Commissioner, Social Security Administration, Agency.

Equal Employment Opportunity CommissionDec 30, 2003
01a35197 (E.E.O.C. Dec. 30, 2003)

01a35197

12-30-2003

Carl E. Owen, Complainant, v. Jo Anne B. Barnhart, Commissioner, Social Security Administration, Agency.


Carl E. Owen v. Social Security Administration

01A35197

December 30, 2003

.

Carl E. Owen,

Complainant,

v.

Jo Anne B. Barnhart,

Commissioner,

Social Security Administration,

Agency.

Appeal No. 01A35197

Agency No. 02-366-SSA

DECISION

Upon review, the Commission finds that complainant's complaint was

properly dismissed pursuant to 29 C.F.R. � 1614.107(a)(1).

In a complaint dated June 26, 2002, complainant alleged that he was

discriminated against in reprisal for prior EEO activity when his

requests to be granted official leave on April 17, April 30, May 9,

May 21, June 24 and July 19, 2002, to represent an employee of another

agency in her EEO proceedings against that agency were denied.<1>

The Commission finds that the complaint fails to state a claim under

29 C.F.R. Part 1614. Complainant asserted that he was denied official

time to serve as an EEO representative for a former co-worker at another

federal agency. Complainant, however, does not have standing to challenge

the denial of official time to work on another individual's EEO complaint.

Such a claim lies with the aggrieved, not with his or her representative.

See Lambert v. Social Security Administration, EEOC Request No. 05970586

(February 14, 1997) (citing Sessoms v. United States Postal Service,

EEOC Appeal No. 01973440 (June 11, 1998). Accordingly, the agency's

final decision dismissing complainant's complaint is AFFIRMED.

STATEMENT OF RIGHTS - ON APPEAL

RECONSIDERATION (M0701)

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

December 30, 2003

__________________

Date

1The record reveals that complainant was an Department of Defense (DOD)

employee and an union official when a DOD employee asked him to represent

her in two EEO complaints that she filed against the DOD. The record

further reveals that in 1997, complainant left DOD as part of a settlement

agreement but continued to represent the DOD employee in her complaints.