01A33525_r
10-06-2003
Stephanie West, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Stephanie West v. United States Postal Service
01A33525
October 6, 2003
.
Stephanie West,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Appeal No. 01A33525
Agency No. 1-C-451-0116-01
Hearing No. 220-A3-5013X
DECISION
Complainant filed a formal complaint alleging that she was subjected
to discrimination on the bases of race (Native American), sex (female),
and disability (vertigo) when she was issued a Notice of Removal dated
April 17, 2001.
Complainant requested a hearing on her complaint before an EEOC
Administrative Judge (AJ). By Order dated March 18, 2003, the AJ
dismissed complainant's complaint pursuant to the regulations set forth
at 29 C.F.R. � 1614.107(a)(1) and � 1614.109(b). The AJ noted that on
July 29, 2002, complainant signed a Last Chance Agreement which resolved
the Notice of Removal dated April 17, 2001. When the agency failed to
issue a final order, the AJ's decision became the agency's final action
pursuant to 29 C.F.R. � 1614.109(i).
Complainant filed the present appeal stating that she had not received
a final decision from the agency. Complainant alleged that she was
unjustly disciplined and requested a hearing on her case.
In response to complainant's appeal, the agency noted that the AJ's
March 18, 2003 decision is its final decision in this mater. The agency
requests that the Commission deny complainant's appeal.
The record contains a copy of the Last Chance Agreement which was
signed by complainant on July 29, 2002, in�complete settlement of
all grievances dealing with the issues cited in the Notice of Removal,
dated April 17, 2001. . . .� The Last Chance Agreement further provided
that �the signing of this agreement hereby resolves all grievances or
complaints (EEO, MSPB, etc.) filed for or by the Grievant in relation
to the above-mentioned discipline.�
Upon review, we find that complainant's complaint was properly dismissed
pursuant to 29 C.F.R. � 1614.107(a)(1) because it was settled in the
Last Chance Agreement referenced above.
Accordingly, the agency's final decision 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
October 6, 2003
__________________
Date