02a50011
11-16-2005
Lunetta Blanks, Complainant, v. John W. Snow, Secretary, Department of the Treasury, Agency.
Lunetta Blanks v. Department of the Treasury
02A50011
November 16, 2005
.
Lunetta Blanks,
Complainant,
v.
John W. Snow,
Secretary,
Department of the Treasury,
Agency.
Appeal No. 02A50011
Agency No. 2004-9110
Dismissal of Appeal
The complainant filed an appeal with the Equal Employment Opportunity
Commission (EEOC or Commission) from the agency's grievance decision
dated December 1, 2004.
Under 29 C.F.R. � 1614.401, a grievant may appeal the final decision
of the agency, the arbitrator or the Federal Labor Relations Authority
(FLRA) on the grievance to the Commission when an issue of employment
discrimination was raised in a negotiated grievance procedure that
permits such issues to be raised.<1>
With her appeal, the complainant attaches a copy of the December 1, 2004
grievance decision, the most recent grievance decision in the record..
It indicates that the grievance concerned a �departure rating� for the
period of May 4, 2003 to December 27, 2003. The grievance was denied
on the grounds that the ratings were fair and accurate.
On appeal, the complainant makes no comment. She does not controvert
the grievance decision's characterization of her claim.
In response to the Commission's request for the file, the agency forwarded
to the Commission what it characterized as a copy of the complainant's
grievance file. It contains an administrative docketing sheet indicating
that the grievance was filed on March 18, 2004, and the grievance process
closed at the step 2 level. The record does not contain a copy of a
March 18, 2004 grievance.
While the record does not contain a copy of a written grievance,
neither of the two grievance decisions in the file indicate that the
complainant raised discrimination regarding her appraisal, and neither
address issues of discrimination. On appeal, the complainant does not
indicate she raised discrimination regarding her appraisal grievance.
Even assuming that a Step 2 decision constitutes a final decision of
the agency and the negotiated grievance procedure permits allegations
of employment discrimination (the record does not contain sufficient
information on this), the complainant's appeal is dismissed on the
grounds that she has not demonstrated that she raised discrimination in
the grievance process.
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
November 16, 2005
__________________
Date
1Under the regulation, a grievant may not file an appeal with the
Commission when the matter initially raised in the negotiated grievance
procedure is still ongoing in that process, is in arbitration, is before
the FLRA, is appealable to the Merit Systems Protection Board or if 5
U.S.C. � 7121(d) is inapplicable to the involved agency.