01a44793
10-26-2004
David L. Engle, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
David L. Engle v. United States Postal Service
01A44793
October 26, 2004
.
David L. Engle,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Appeal No. 01A44793
Agency No. 4G-730-0069-04
DECISION
Upon review, the Commission finds that complainant's complaint was
properly dismissed pursuant to 29 C.F.R. � 1614.107(a)(1) for failure
to state a claim.
On May 12, 2004, complainant contacted an EEO Counselor and alleged that
he was subjected to discrimination on the basis of disability when on
April 14, 2004, he received a letter from the Injury Compensation Office
returning forms CA-7 and CA-7a stating he had been compensated, which
complainant determined was incorrect information. Informal efforts to
resolve the matter were not successful.
On June 12, 2004, complainant filed a formal complaint, raising the claim
for which he underwent EEO counseling as discussed above. As relief,
complainant requested in pertinent part that the agency provide all
necessary information to the Office of Workers' Compensation Programs
(OWCP) to ensure that he is compensated for 532.19 hours for which he
determined he had not yet received compensation; and that if for any
reason OWCP does not compensate him for those hours, that the agency
should then be held liable.
In its final decision, dated June 23, 2004, the agency dismissed the
instant complaint for failure to state a claim. The agency stated that
the underlying claim in the complaint constituted an impermissible
collateral attack on the OWCP decision making process.
The Commission has consistently held that an agency opposition to an OWCP
claim does not affect a term, condition, or privilege of employment so as
to render a person aggrieved. See Hall v. Department of the Treasury,
EEOC Appeal No. 01945595 (February 23, 1995). We have also held that
an employee cannot use the EEO complaint process to lodge a collateral
attack on another proceeding. See Wills v. Department of Defense, EEOC
Request No. 05970596 (July 30, 1998). The proper forum for contesting
the outcome of an OWCP claim is with the Department of Labor. Foster v.
United States Postal Service, EEOC Request No. 05950693 (May 16, 1996).
The Commission determines that the matter raised in the instant
complaint relates to the outcome of an OWCP claim and is more properly
pursued with the Department of Labor. Accordingly, the agency's final
decision dismissing complainant's complaint for failure to state a claim
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
October 26, 2004
__________________
Date