0120150201
03-27-2015
Complainant, v. Ray Mabus, Secretary, Department of the Navy, Agency.
Complainant,
v.
Ray Mabus,
Secretary,
Department of the Navy,
Agency.
Appeal No. 0120150201
Agency No. DON 14-65888-03017
DECISION
On October 15, 2014, Complainant filed a timely appeal with the Equal Employment Opportunity Commission (EEOC or Commission) from a final Agency decision (FAD) dated September 19, 2014, dismissing his complaint of unlawful 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.
BACKGROUND
At the time of events giving rise to this complaint, Complainant worked as a Senior Electronic Intergraded Systems Mechanic at the Agency's Fleet Readiness Center Southwest facility in San Diego, California.
On August 21, 2014, Complainant filed a formal complaint alleging that the Agency discriminated against him based on reprisal for prior protected EEO activity under Title VII and the ADEA when on July 1, 2014, it improperly changed the procedures for requesting official time by requiring his union representative to request official time on a leave form, which he declined to do, resulting in him not coming to his notice of final interview meeting with his equal employment opportunity (EEO) counselor.
The Agency dismissed the complaint for alleging dissatisfaction with the processing of a previously filed complaint. 29 C.F.R. � 1614.107(a)(8).1
On appeal, Complainant argues that the Agency improperly changed the procedures for requesting official time.
ANALYSIS AND FINDINGS
EEOC Regulation 29 C.F.R. � 1614.107(a)(8) requires that prior to a request for a hearing in a case, an agency shall dismiss the entire complaint that alleges dissatisfaction with the processing of a previously filed complaint.
We find that Complainant's allegation about the Agency interfering with his right to representation in his prior complaint by improperly changing procedures for requesting official time falls within the ambit of 29 C.F.R. � 1614.107(a)(8). Accordingly, the FAD is AFFIRMED.
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
March 27, 2015
__________________
Date
1 Pursuant to Equal Employment Opportunity Management Directive for 29 C.F.R. Part 1614 (EEO-MD-110), at 5-25 to 5-27 (Nov. 9, 1999), the Agency referred Complainant's concern to the Deputy EEO Officer who was responsible for the quality of complaints processing. After looking into the matter, the Deputy found that management did not deny the representative official time, rather the representative declined to come to Complainant's meeting because he did not want to complete a leave form requesting official time. The Deputy wrote that the notice of final interview meeting was scheduled for the next day. In opposition to the appeal, the Agency asserts that both Complainant and his representative came to the rescheduled notice of final interview meeting.
---------------
------------------------------------------------------------
---------------
------------------------------------------------------------
2
0120150201
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
2
0120150201