01a53677
07-28-2005
Rodel Flores, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Rodel Flores v. United States Postal Service
01A53677
July 28, 2005
.
Rodel Flores,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Appeal No. 01A53677
Agency No. 1F-908-0005-05
DECISION
Complainant filed a timely appeal with this Commission from the final
agency decision dated March 29, 2005, dismissing his formal EEO 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.
On January 20, 2005, complainant filed a formal complaint, claiming that
he was the victim of unlawful employment discrimination on the basis of
race (Filipino). In his formal complaint, complainant claimed that �the
management and union� have been inappropriately involved in inconsistent
�unilateral action� and �unlawful employment practices.� Complainant
cited Articles 5, 12, and 25 of a collective bargaining agreement between
his union and the agency.<1>
On March 29, 2005, the agency issued a final decision. Therein, the
agency determined that complainant's complaint was comprised of the
following claim:
On November 27, 2004, management abolished complainant's bid in pay
location 322 and reassigned him to experimental pay location 324.
The agency dismissed the complaint for failure to state a claim.
Specifically, the agency determined that the matter identified in the
instant complaint is properly raised in the grievance/arbitration process
as referenced in a collective bargaining agreement between the agency
and the National Postal Mail Handlers Union.
The Commission determines that a fair reading of complainant's complaint
reflects that the matter raised there relates to a union matter and is
not, therefore, under the purview of EEOC regulations. The agency's
decision to dismiss the instant complaint is AFFIRMED.
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
July 28, 2005
__________________
Date
1The record contains a portion of a collective
bargaining agreement that includes Article 25, which addresses �Higher
Level Assignments.�