01A14516_r
11-20-2002
Peter G. Mennen, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Peter G. Mennen v. United States Postal Service
01A14516
November 20, 2002
.
Peter G. Mennen,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Appeal No. 01A14516
Agency No. 4F-945-0122-01
DECISION
Complainant filed a timely appeal with this Commission from the agency's
final decision dated June 22, 2001, dismissing 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. and
the Age Discrimination in Employment Act of 1967 (ADEA), as amended,
29 U.S.C. � 621 et seq.
In his complaint, complainant alleged that he was discriminated against
by the agency when from May 2000 through March 2001, the agency Manager,
EEO Dispute Resolution purportedly refused to investigate complainant's
allegations that a settlement agreement in resolution of a previously
filed EEO complaint had been breached, and that the agency refused
to provide complainant with appeal rights to the Commission. In his
formal complaint, complainant claimed that he had almost no success
getting the agency's EEO office to acknowledge or address a series of
breach allegations relating to �the sick/stress leave portion� of a
settlement agreement entered into in November 1997.
The agency dismissed the complaint on the grounds that complainant alleged
dissatisfaction with the processing of a previously filed complaint.
The agency also dismissed the complaint for failure to state a claim.
The agency determined that complainant had initiated four separate
allegations of breach relating to the November 1997 settlement agreement.
The agency further determined that two breach claims were the subject of
final agency decisions finding no breach; that complainant filed appeals
from those determinations with the Commission. Regarding a third breach
claim, the agency noted that it again denied a breach claim, and that
complainant indicated that he filed an appeal from that decision with
the Commission. Regarding the fourth breach claim, the agency stated
that an agency decision was pending.<1>
Upon review, the Commission finds that complainant is alleging
dissatisfaction with the processing of prior settlement breach
allegations. The Commission determines that the agency's dismissal
of the instant complaint pursuant to 29 C.F.R. � 1614.107(a)(8) was
proper and is AFFIRMED. Because we affirm the agency's dismissal for
the reason stated herein, we find it unnecessary to address the agency's
alternative dismissal grounds.
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 20, 2002
__________________
Date
1The Commission notes that two separate
appeals from agency decisions regarding breach of the November 1997
settlement agreement are pending before the Commission in EEOC Appeal
Nos. 01A14124 and 01A20126.