01A15243_r
04-10-2002
George Mott, III, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
George Mott, III v. United States Postal Service
01A15243
April 10, 2002
.
George Mott, III,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Appeal No. 01A15243
Agency No. 4-I-630-0109-01
DECISION
Upon review, the Commission finds that complainant's complaint was
properly dismissed. In his complaint, complainant alleged that he was
subjected to discrimination on the basis of reprisal for prior EEO
activity when:
Complainant received a letter of warning for improper personal conduct
on January 5, 2001;
Complainant was reassigned to the St. Charles Post Office on February
8, 2001;
Complainant was not allowed to participate in a REDRESS proceeding in
December 2000;
Complainant received a substandard evaluation on or about April 3, 2001;
Complainant's pay was reduced by two weeks' night differential;
The Threat Assessment Team was called to assess whether complainant was
a danger during the week of February 1, 2001.
The agency dismissed claims 1 and 2 for untimely EEO Counselor contact.
The record discloses that the alleged discriminatory events occurred on
January 5, 2001 and February 8, 2001, but complainant did not initiate
contact with an EEO Counselor until March 29, 2001, which is beyond
the forty-five (45) day limitation period. On appeal, complainant has
presented no persuasive arguments or evidence warranting an extension
of the time limit for initiating EEO Counselor contact. Accordingly,
the agency's final decision dismissing claims 1 and 2 is proper pursuant
to 29 C.F.R. � 1614.107(a)(2).
The agency dismissed claim 3 on the grounds that this claim fails to
state a claim. The Commission's federal sector case precedent has long
defined an "aggrieved employee" as one who suffers a present harm or
loss with respect to a term, condition, or privilege of employment
for which there is a remedy. Diaz v. Department of the Air Force,
EEOC Request No. 05931049 (April 21, 1994). We find that claim 3 was
properly dismissed pursuant to � 1614.107(a)(1).
The agency found that complainant had failed to raise claims 4, 5, and 6,
with an EEO Counselor. The agency stated that complainant could raise
these claims with an EEO Counselor within 15 days of complainant's
receipt of the agency's final decision if he wished to pursue such
claims. Complainant does not contend that he raised claims 4, 5, or 6,
with an EEO Counselor and the record does not show that such claims are
related to the matters brought before an EEO Counselor. Therefore, we
find that the agency has effectively and properly dismissed claims 4,
5, and 6 pursuant to � 1614.107(a)(2).
The agency's dismissal of the complaint 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
April 10, 2002
__________________
Date