02A10003_02A10005
07-26-2002
Euel L. Mason, Gerald E. Plater, Averelle J. Talbott, Betty Myers, Mabel Gaines, Terrie D. Stevenson, Joel D. Banks, Donovan L. Benton, Timothy M. Brown, and William White, Jr., Complainants, v. Paul H. O'Neill, Secretary, Department of the Treasury, Agency.
Euel L. Mason, et al. v. Department of the Treasury
02A10003, 02A10005-�02A10013
July 26, 2002
.
Euel L. Mason, Gerald E. Plater, Averelle J. Talbott, Betty Myers,
Mabel Gaines, Terrie D. Stevenson, Joel D. Banks, Donovan L. Benton,
Timothy M. Brown, and William White, Jr.,
Complainants,
v.
Paul H. O'Neill,
Secretary,
Department of the Treasury,
Agency.
Appeal Nos. 02A10003, 02A10005, 02A10006, 02A10007, 02A10008, 02A10009,
02A10010, 02A10011, 02A10012, 02A10013
Agency No. 99-050
DECISION
The complainants timely initiated an appeal from a final (third-step)
agency grievance decision dated September 6, 2000, concerning their
grievance claims of unlawful employment discrimination in violation of
Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. � 2000e
et seq. The appeal is accepted pursuant to 29 C.F.R. � 1614.405.
The 10 complainants are employed with the agency's Internal Revenue
Service (IRS), Multimedia Publishing Division, in Washington D.C.
On August 27, 1999, the National Treasury Employees Union, Chapter 65,
filed a �mass grievance� containing the claims of the complainants.
The grievance claimed discrimination against IRS Multimedia Production
Division African American employees based on race and reprisal (prior
EEO activity) in the areas of work assignments, training, performance
appraisals and awards, promotions, flexi-place, and disciplinary actions.
In addition, in the grievance process, each complainant detailed incidents
of claimed discrimination to which he or she was personally subject.
In denying the grievance, the agency found that the complainants failed
to prove discrimination or retaliation.
On appeal, the complainants, through their attorney, filed a motion
asking that the Equal Employment Opportunity Commission (EEOC or
Commission) certify their claim as a class action covering African
American IRS Multimedia Publishing Division employees throughout the
country from 1996 forward. They cite 29 C.F.R. � 1614.204 as authority
for the motion. This EEOC regulation, however, applies to certifying
class complaints counseled in accordance with 29 C.F.R. � 1614.105 and
then formally filed under 29 C.F.R. � 1614.204. There is no provision
for class complaints originating from the grievance process. The final
agency decision did not treat or certify the grievance as a class action.
The Commission does not have jurisdiction to review procedural questions
solely related to the grievance process and the collective bargaining
agreement (CBA). Johnson v. Equal Employment Opportunity Commission,
EEOC Request No. 05910188 (March 20, 1991). Moreover, the excerpt of
the applicable CBA in the record contains no provision for class action
grievances, and the complainants do not claim the CBA permits them.
Accordingly, the complainants' motion is denied.
After a review of the record in its entirety, including consideration
of all statements submitted on appeal, it is the decision of the EEOC
to affirm the agency's final decision because the preponderance of the
evidence of record does not establish that discrimination occurred.
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
July 26, 2002
__________________
Date