01a03064
06-27-2000
Donald Bullock, Complainant, v. F. Whitten Peters, Secretary, Department of the Air Force, Agency.
Donald Bullock v. Department of the Air Force
01A03064
June 27, 2000
Donald Bullock, )
Complainant, )
)
v. ) Appeal No. 01A03064
) Agency Nos. MG0J99005; MG0J99014
F. Whitten Peters, ) Hearing Nos. 130A08039X
Secretary, ) 130A08045X
Department of the Air Force, )
Agency. )
______________________________)
DECISION
Complainant timely filed an appeal from the agency's final decision in
the above entitled matter. The issue on appeal is whether complainant was
discriminated against on the basis of reprisal (prior EEO activity) when:
(1) on November 11, 1998, his supervisor charged him for eight (8) hours
of sick leave on the federal holiday; and, (2) on or about March 25, 1999,
he was not allowed to pick up his personal belongings from his former
office. The appeal is accepted in accordance with 64 Fed.Reg. 37,644,
37,659 (1999) (to be codified at 29 C.F.R. � 1614.405).<1>
At the time of the alleged discrimination, complainant was employed
by the agency as a High Voltage Electrician Supervisor, WS-2810-10.
Prior to the complaints herein, complainant had filed numerous EEO
complaints against the agency.
Concerning Issue 1, the agency submitted evidence that complainant
was initially charged with sick leave because of a mistake on the part
of the timekeeper. The agency noted that the mistake was immediately
corrected and complainant lost no sick leave. Regarding Issue 2, the
agency provided evidence that complainant's personal belongings were not
initially released because he (complainant) was on administrative leave
and his supervisor was unsure about proper procedures. According to
the agency, the supervisor, after receiving instructions, permitted
complainant to pick up his belongings.
The EEOC administrative judge (AJ) found that a hearing in complainant's
case was not necessary because there were no genuine issues of material
fact or credibility in dispute between the parties.
Regarding Issues (1) and (2), the AJ found that complainant failed to
establish a prima facie case of reprisal in either instance because he
never actually suffered adverse agency actions because of the incidents.
However, assuming that complainant established that adverse actions
occurred, the AJ found that complainant failed to show any causal
connection between his protected activity and the agency's alleged
discriminatory actions. Accordingly, the AJ found that complaint failed
to prove his claims of reprisal discrimination.
After a careful review of the record, the Commission finds, initially,
that the AJ correctly concluded that a decision could be issued without
a hearing. We find that the AJ's decision properly summarized the
relevant facts and referenced the appropriate regulations, policies, and
laws and correctly concluded that complainant failed to prove his claims
of reprisal discrimination. The agency provided specific explanations,
discussed above, with regard to both of the alleged incidents. After
carefully reviewing the record, including complainant's statement on
appeal and arguments and evidence not specifically addressed herein,
we find that complainant failed to prove that these explanations were a
pretext to mask reprisal discrimination. Accordingly, it is the decision
of the Equal Employment Opportunity Commission to AFFIRM the agency's
final decision.
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:
06-27-00
DATE Carlton M. Hadden, Acting Director
Office of Federal Operations
1 On November 9, 1999, revised regulations governing 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.