01992760
02-15-2001
Emmitt W. Watson, Complainant, v. William J. Henderson, Postmaster General, United States Postal Service, Agency.
Emmitt W. Watson v. United States Postal Service
01992760
February 15, 2001
.
Emmitt W. Watson,
Complainant,
v.
William J. Henderson,
Postmaster General,
United States Postal Service,
Agency.
Appeal No. 01992760
Agency No. 4F-900-0235-99
DECISION
Complainant filed a timely appeal with this Commission from an agency
decision dated January 19, 1999, 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. The
agency, in their decision, construed complainant's complaint as follows:
On August 25, 1998, complainant was harassed on his route when his
supervisor yelled at him and told him that he listened to too much
Farrakhan and he was crazy in the head and yelled at a postal customer;
and
On October 17, 1998, complainant was issued a letter of warning for
unauthorized overtime.
In this decision, the agency dismissed claim 1 for untimely EEO Counselor
contact and accepted claim 2 for investigation. According to the record,
the agency issued a decision on the merits with regard to claim 2,
on June 29, 1999. The record further reveals that complainant has not
appealed this decision to the Commission. Consequently, the Commission
will issue a decision with respect to claim 1.
With respect to claim 1, the Commission finds that complainant filed
another complaint, claiming the very same incident as raised in claim
1, in the instant complaint. This complaint is identified by Agency
No. 1F-900-0217-98. The agency, in Agency No. 1F-900-0217-98, issued
a decision on the merits, which was subsequently appealed to this
Commission and assigned EEOC Appeal No. 01995098. Consequently, the
instant complaint is dismissed for stating the same claim that has been
decided by the agency. See 29 C.F.R. � 1614.107(a)(1). Accordingly,
the agency's decision dismissing claim 1 is AFFIRMED for the reasons
set forth herein.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0900)
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
February 15, 2001
__________________
Date