0120080647
03-25-2008
Mark J. Pettit, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Mark J. Pettit,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Appeal No. 0120080647
Agency No. 6X000000208
DECISION
Complainant filed a timely appeal with this Commission from the agency's
decision dated November 8, 2007, closing his complaint of unlawful
employment discrimination in violation of Title VII of the Civil Rights
Act of 1964 (Title VII), as amended, 42 U.S.C. � 2000e et seq. In his
complaint, complainant alleged that he was subjected to discrimination
on the basis of reprisal for prior protected EEO activity under an EEO
statute that was unspecified in the record when:
1. Complainant received a Formal Complaint package for his pending EEO
Complaint, under agency number 4J-530-0078-07, that did not contain
the appropriate forms and was not sent First Class mail, but his
representative did not receive any such package; and
2. Agency ADR representatives hung up on complainant and have refused
to address his questions and requests.
The agency notified complainant that it was closing the complaint,
pursuant to the Commission's Management Directive 110 (MD-110) which,
amplifying on 29 C.F.R. �1614.107(a)(8), states that complaints about the
processing of a pending EEO complaint must be addressed as part of the
underlying complaint, and not a separate complaint. See MD 110, p.5-25
(November 9, 1999). Specifically, such allegations must be brought to the
appropriate agency officials, who "must add a record of the complainant's
concerns and any actions the agency took to resolve the concerns, to the
complaint file maintained on the underlying complaint. If no action was
taken, the file must contain an explanation of the agency's reason(s)
for not taking any action." Id. Where complainant's concerns have not
been resolved informally, complainant may then present those concerns to
the EEOC either before an EEOC Administrative Judge (AJ) or before the
EEOC on appeal, or both. Id. The agency's decision notified complainant
that he may raise his concerns in his affidavit during the investigation
of agency case number 4J-530-0078-07, as well as before an AJ and/or
the EEOC on appeal. We therefore AFFIRM the agency's decision.
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
March 25, 2008
__________________
Date
2
0120080647
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P. O. Box 19848
Washington, D.C. 20036
3
0120080647