01A01408
03-29-2001
Joseph Snyder, Complainant, v. William J. Henderson, Postmaster General, United States Postal Service, Agency.
Joseph Snyder v. United States Postal Service
01A01408
March 29, 2001
.
Joseph Snyder,
Complainant,
v.
William J. Henderson,
Postmaster General,
United States Postal Service,
Agency.
Appeal No. 01A01408
Agency No. 1-C-191-0110-99
DECISION
Complainant filed a timely appeal with this Commission from an
agency's decision dated October 19, 1999, dismissing his complaint of
unlawful employment discrimination in violation of Section 501 of the
Rehabilitation Act of 1973 (Rehabilitation Act), as amended, 29 U.S.C. �
791 et seq. In his complaint, complainant alleged that he was subjected
to discrimination on the bases of disability and in reprisal for prior
EEO activity when he learned on or about March 19, 1999, that instead
of two complaints being withdrawn as a result of a grievance settlement,
seven of his EEO complaints were closed without his consent.
The agency dismissed complainant's complaint pursuant to EEOC Regulation
29 C.F.R. � 1614.107(a)(5), because it was moot. Specifically, the agency
determined that as a result of a Pre-Arbitration Grievance Settlement,
complainant had agreed that all pending grievances, EEO complaints,
and MSPB appeals were resolved (�for these issues�) by the settlement,
making his complaint moot.
Upon review of the record, we find that complainant's complaint was
properly dismissed. The record shows that of the five complaints
at issue, two were properly closed under the grievance settlement and
three were separately dismissed on other grounds and are presently on
appeal to be reviewed by the Commission.<1> On January 7, 1998, the
parties reached a grievance settlement that resolved all �grievances,
EEO complaints and MSPB appeals� related to complainant's Notice of
Removal/7 day suspension<2> and his reassignment as a Tractor Trailer
Operator. The record indicates that the issues in two of the disputed
complaints involve not assigning complainant to a Tractor Trailer
Operator position in March and April 1997 (Agency Nos. 4C-190-0152-97,
4C-190-0049-98). As such, we find that these complaints have been
settled by the grievance settlement and properly closed by the agency.
Additionally, the record also shows that instead of being closed as
part of the grievance settlement, three of the five EEO complaints
that concern complainant were dismissed by the agency on June 21, 1999,
and were then separately appealed by complainant to the Commission on
July 20, 1999, prior to the September 28, 1999 formal complaint in the
instant appeal. Therefore, the portion of the complaint pertaining to
these three previously dismissed complaints was appropriately dismissed.
Accordingly, the agency's final decision dismissing complainant's
complaint 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
March 29, 2001
__________________
Date
CERTIFICATE OF MAILING
For timeliness purposes, the Commission will presume that this decision
was received within five (5) calendar days after it was mailed. I certify
that this decision was mailed to complainant, complainant's representative
(if applicable), and the agency on:
__________________
Date
______________________________
1Agency Nos. 4C-190-0140-97 (EEOC Appeal No.01995929), 4C-190-0185-97
(EEOC Appeal No.01995931), and 4C-190-0231-97 (EEOC Appeal No.01995930).
2Complainant agrees that the two complaints concerning his Notice of
Removal/7 day suspension were properly closed.