01985217
06-14-1999
John H. Brown, Appellant, v. William J. Henderson, Postmaster General, United States Postal Service, Agency.
John H. Brown v. United States Postal Service
01985217
June 14, 1999
John H. Brown, )
Appellant, )
)
v. )
) Appeal No. 01985217
William J. Henderson, ) Agency No. 4-H-350-0069-98
Postmaster General, ) 4-H-350-0181-98
United States Postal Service, )
Agency. )
______________________________)
DECISION
Appellant filed an appeal with this Commission from an final agency
decision (FAD) dated May 20, 1998. The Commission accepts the appellant's
appeal in accordance with EEOC Order No. 960, as amended.
On March 19, 1998 appellant filed a complaint (Case No. 4-H-350-0069-98)
alleging that he was subjected to discrimination on the basis of
retaliation when on November 13, 1997 he was denied a Vice-President Award
for fiscal year 1997. The following day appellant filed another complaint
(Case No. 4-H-350-0181-98) claiming he was discriminated against when,
on November 13, 1997, he was denied a Vice-President Award for fiscal
year 1996.
The agency accepted appellant's complaints for investigation and,
in a letter dated May 4, 1998, notified the appellant that his two
complaints would be consolidated for joint processing as one case (Case
No. 4-H-3500069-98). The agency defined the issue as follows: "[whether
appellant] did not receive a Vice-President Award for fiscal year 1997"
as retaliation for prior EEO activity.
On May 20, 1998, the agency issued a FAD in response to appellant's letter
of May 7, 1998.<1> The FAD determined that the dates in November 1997
are in Fiscal Year 1997 and therefore the scope of the investigation
would remain the same for the combined case.
Based on the record, the Commission finds that the agency correctly
defined the scope of the investigation. The Counselor's Reports and
both formal complaints identify November 13, 1997 as the date of the
alleged discriminatory event. Therefore, the FAD correctly limited the
scope of investigation to fiscal year 1997.
CONCLUSION
Accordingly, the decision of the agency is hereby AFFIRMED for the reason
set forth herein.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0795)
The Commission may, in its discretion, reconsider the decision in this
case if the appellant or the agency submits a written request containing
arguments or evidence which tend to establish that:
1. New and material evidence is available that was not readily available
when the previous decision was issued; or
2. The previous decision involved an erroneous interpretation of law,
regulation or material fact, or misapplication of established policy; or
3. The decision is of such exceptional nature as to have substantial
precedential implications.
Requests to reconsider, with supporting arguments or evidence, MUST
BE FILED WITHIN THIRTY (30) CALENDAR DAYS of the date you receive this
decision, or WITHIN TWENTY (20) CALENDAR DAYS of the date you receive
a timely request to reconsider filed by another party. Any argument in
opposition to the request to reconsider or cross request to reconsider
MUST be submitted to the Commission and to the requesting party
WITHIN TWENTY (20) CALENDAR DAYS of the date you receive the request
to reconsider. See 29 C.F.R. �1614.407. All requests and arguments
must bear proof of postmark and 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 filed on the date it is received
by the Commission.
Failure to file within the time period will result in dismissal of your
request for reconsideration as untimely. If extenuating circumstances
have prevented the timely filing of a request for reconsideration,
a written statement setting forth the circumstances which caused the
delay and 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).
RIGHT TO FILE A CIVIL ACTION (S0993)
It is the position of the Commission that 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.
You should be aware, however, that courts in some jurisdictions have
interpreted the Civil Rights Act of 1991 in a manner suggesting that
a civil action must be filed WITHIN THIRTY (30) CALENDAR DAYS from the
date that you receive this decision. To ensure that your civil action
is considered timely, you are advised to file it WITHIN THIRTY (30)
CALENDAR DAYS from the date that you receive this decision or to consult
an attorney concerning the applicable time period in the jurisdiction
in which your action would be filed. In the alternative, you may file a
civil action AFTER ONE HUNDRED AND EIGHTY (180) CALENDAR DAYS of the date
you filed your complaint with the agency, or filed your appeal with the
Commission. 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. Filing a civil
action will terminate the administrative processing of your complaint.
RIGHT TO REQUEST COUNSEL (Z1092)
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:
June 14, 1999
__________________________________
DATE Carlton M. Hadden, Acting Director
Office of Federal Operations
1Appellant's letter is absent from the record, but from the FAD it can
be determined that appellant disagreed with the agency's definition of
the issue. The Commission has sufficient information to issue a decision
on the matter without the May 7, 1998 letter.