01a00567
02-04-2000
Thomas F. Eddy, Complainant, v. William J. Henderson, Postmaster General, United States Postal Service, Agency.
Thomas F. Eddy, )
Complainant, )
)
v. ) Appeal No. 01A00567
) Agency No. 4-C-164-0055-99
William J. Henderson, )
Postmaster General, )
United States Postal Service, )
Agency. )
____________________________________)
DECISION
Complainant filed the instant appeal from the agency's October 1, 1999
decision dismissing complainant's complaint, filed on August 30, 1999,
as moot.<1>
The record shows that complainant entered into a settlement agreement with
the agency on August 13, 1998 in which complainant agreed to settle all
outstanding EEO matters. In the settlement agreement complainant agreed
to accept a downgrade to the position of Postmaster, Crosby PA EAS-11.
The settlement agreement also stated that complainant would be offered
placement into the next vacant EAS-13 or EAS-15 Postmaster vacancy.
The record shows that complainant was at the EAS-15 level on January 2,
1999.
In the instant complaint complainant alleged that he was discriminated
against when he learned that there lateral moves are allowed in the
agency. Complainant alleges that he was told that lateral moves were
not possible. In his request for EEO counseling, complainant sought
the following resolution: �To be reinstated at level of pay when I was
coerced into taking a down grade, plus back pay with interest.� The
agency dismissed the instant complaint as moot. The agency found that
�the issues concerning his reassignment were addressed in the context of
[the] settlement agreement.�
The Commission agrees with the agency that the instant complaint concerns
the settlement agreement. To the extent that complainant is claiming
that he wants different consideration in the agreement, then we find
that such a claim is properly dismissed for failing to state a claim.
64 Fed. Reg. 37,644, 37656 (to be codified as and hereinafter cited
as 29 C.F.R. �1614.107(a)(1)). If complainant is claiming that he was
coerced or misled into entering the settlement agreement, then he should
inform the agency of his belief and specifically request reinstatement of
the settled complaint. The Commission does not address in this decision
whether such a request would be timely or whether complainant was coerced
or misled entering the agreement.
The agency's decision dismissing the complaint is AFFIRMED.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M1199)
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
64 Fed. Reg. 37,644, 37,659 (1999) (to be codified and hereinafter
referred to as 29 C.F.R. �1614.405). 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 64 Fed. Reg. 37,644, 37,661 (1999)
(to be codified and hereinafter referred to as 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 (S1199)
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:
February 4, 2000
DATE
Carlton
M.
Hadden,
Acting
Director
Office of Federal Operations
CERTIFICATE OF MAILING
For timeliness purposes, the Commission will presume that this decision
was received within five (5) calendar days of mailing. I certify that
the decision was mailed to complainant, complainant's representative
(if applicable), and the agency on:
_____________________ _________________________ Date
Equal Employment Assistant
1On November 9, 1999, revised regulations governing the EEOC's federal
sector complaint process went into effect. These regulations apply to all
Federal sector EEO complaints pending at any stage in the administrative
process. Consequently, the Commission will apply the revised regulations
found at 64 Fed. Reg. 37,644 (1999), where applicable, in deciding the
present appeal. The regulations, as amended, may also be found at the
Commission's website at WWW.EEOC.GOV.