01994196
11-08-1999
Roger B. Pfuntner, Appellant, v. William J. Henderson, Postmaster General, United States Postal Service, (S.E./S.W.) ______________________________)
Roger B. Pfuntner v. United States Postal Service
01994196
November 8, 1999
Roger B. Pfuntner, )
Appellant, )
)
v. ) Appeal No. 01994196
) Agency No. 4-G-780-0361-98
William J. Henderson, )
Postmaster General, )
United States Postal Service, )
(S.E./S.W.) Agency. )
______________________________)
DECISION
On April 22, 1999, appellant filed a timely appeal with this Commission
from a final agency decision (FAD) received on March 30, 1999, pertaining
to a complaint of unlawful employment discrimination pursuant to Title VII
of the Civil Rights Act of 1964, as amended, 42 U.S.C. �2000e et seq.
The Commission accepts appellant's appeal in accordance with EEOC
No. 960.001.
The record reflects that on July 7, 1998, appellant initiated contact
with an EEO Counselor. During the counseling period, appellant alleges
that he is continuously being harassed by management.
Counseling failed, and on or about February 24, 1999 appellant filed a
formal complaint, alleging that he was the victim of unlawful employment
discrimination on the basis of his race (white), disability (physical)
and retaliation (prior EEO activity). Therein, appellant alleged
that he is being continuously discriminated against by his supervisor.
In support of this, appellant submitted a six page statement alleging
the discriminatory incidents. The allegations in the statement addressed
how management allowed employees other than appellant to work on private
matters during work hours; management allows employees to pilfer office
supplies;
management allows employees to yell at and harass appellant; management
assigns appellant bogus assignments and that these activities breach
the settlement agreement entered into by the agency and appellant on
November 5, 1998.
The agency on March 23, 1999 issued a final decision dismissing
appellant's complaint pursuant to 29 C.F.R. � 1614.107(a) for stating
the same claim that is pending before or has been decided by the agency
or Commission. The agency found that the allegations in the instant
complaint are identical to those raised in case number 4-G-780-0015-98
alleging breach of the settlement agreement that is currently before
the agency.
EEOC Regulation 29 C.F.R. �1614.107(a) provides that the agency shall
dismiss a complaint or a portion of a complaint that states the same claim
that is pending before or has been decided by the agency or Commission.
The record reflects that the instant complaint states the same claims
that were previously raised in complaint 4-G-780-0015-98. Accordingly,
the agency's decision to dismiss appellant's complaint for stating the
same claim that is pending before or has been decided by the agency or
Commission was proper and is AFFIRMED.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0795)
The Commission may, in its discretion, reconsider the decision in this
case if the appellant or the agency submits a written request containing
arguments or evidence which tend to establish that:
1. New and material evidence is available that was not readily available
when the previous decision was issued; or
2. The previous decision involved an erroneous interpretation of law,
regulation or material fact, or misapplication of established policy; or
3. The decision is of such exceptional nature as to have substantial
precedential implications.
Requests to reconsider, with supporting arguments or evidence, MUST
BE FILED WITHIN THIRTY (30) CALENDAR DAYS of the date you receive this
decision, or WITHIN TWENTY (20) CALENDAR DAYS of the date you receive
a timely request to reconsider filed by another party. Any argument in
opposition to the request to reconsider or cross request to reconsider
MUST be submitted to the Commission and to the requesting party
WITHIN TWENTY (20) CALENDAR DAYS of the date you receive the request
to reconsider. See 29 C.F.R. �1614.407. All requests and arguments
must bear proof of postmark and 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 filed on the date it is received
by the Commission.
Failure to file within the time period will result in dismissal of your
request for reconsideration as untimely. If extenuating circumstances
have prevented the timely filing of a request for reconsideration,
a written statement setting forth the circumstances which caused the
delay and 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).
RIGHT TO FILE A CIVIL ACTION (S0993)
It is the position of the Commission that 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. You
should be aware, however, that courts in some jurisdictions have
interpreted the Civil Rights Act of 1991 in a manner suggesting that a
civil action must be filed WITHIN THIRTY (30) CALENDAR DAYS from the date
that you receive this decision. To ensure that your civil action is
considered timely, you are advised to file it WITHIN THIRTY (30) CALENDAR
DAYS from the date that you receive this decision or to consult an
attorney concerning the applicable time period in the jurisdiction in
which your action would be filed. In the alternative, you may file a
civil action AFTER ONE HUNDRED AND EIGHTY (180) CALENDAR DAYS of the date
you filed your complaint with the agency, or filed your appeal with the
Commission. 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. Filing a civil
action will terminate the administrative processing of your complaint.
RIGHT TO REQUEST COUNSEL (Z1092)
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:
November 8, 1999
____________________________
DATE Carlton M. Hadden, Acting Director
Office of Federal Operations