01980990
01-26-1999
Anthony Manos, Appellant, v. William J. Henderson, Postmaster General, United States Postal Service, Agency.
Anthony Manos v. United States Postal Service
01980990
January 26, 1999
Anthony Manos, )
Appellant, )
)
v. ) Appeal No. 01980990
) Agency No. 4A-117-0084-97
William J. Henderson, )
Postmaster General, )
United States Postal Service, )
Agency. )
)
DECISION
On November 12, 1997, Anthony Manos (hereinafter referred to as appellant)
filed a timely appeal from the October 14, 1997, final decision of the
United States Postal Service (hereinafter referred to as the agency)
concerning his complaint of unlawful employment discrimination in
violation of the Age Discrimination in Employment Act of 1967, as
amended, 29 U.S.C. �621 et seq. The appeal is timely filed (see 29
C.F.R. �1614.402(a)) and is accepted in accordance with EEOC Order
No. 960, as amended. For the reasons that follow, the agency's decision
is AFFIRMED.
The issue presented in this appeal is whether the agency properly
dismissed appellant's complaint as moot.
On June 19, 1997, appellant filed a formal complaint alleging that
based on his age (DOB 5-29-47) and reprisal (1) he was issued a letter
of warning on March 19, 1997, and (2) on April 7, 1997, he was issued a
"Listen Seven Day Letter of Suspension." As of October 10, 1997, the
Officer-in-Charge affirmed under oath that the two actions cited in the
complaint had been rescinded and the letters expunged from appellant's
records.<1> In its final agency decision (FAD), the agency dismissed
appellant's complaint as moot, noting that appellant had not requested
compensatory damages. Appellant has filed an appeal without comment.
EEOC Regulation 29 C.F.R. �1614.107(e) provides for the dismissal of a
complaint, or portions thereof, when the issue raised therein has become
moot, that is, where there is no reasonable expectation that the alleged
violation will recur, and interim relief or events have completely and
irrevocably eradicated the effects of the alleged violation. See County
of Los Angeles v. Davis, 440 U.S. 625 (1979).
In the matter before us, appellant's complaint concerns two disciplinary
actions that have been rescinded and expunged from agency records.
The agency's action constitutes an interim event that eradicated the
effects of his claims. Further, because the PM has been transferred and
appellant's route has been changed, there is no reasonable expectation
that the alleged violation will recur. Our review of the record
shows that appellant has not made a request for compensatory damages.
Therefore, there is no relief available that can be granted in resolution
of his claims.
For the above reasons, we find that the agency properly dismissed
appellant's complaint as moot. 29 C.F.R. �1614.107(e).
CONCLUSION
Accordingly, the agency's decision 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. �l6l4.604(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. 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 (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:
JAN 26, 1999
DATE Ronnie Blumenthal, Director
1In addition, the Officer-in-Charge stated that the former postmaster had
been transferred and that appellant's route, the cause of the underlying
dispute in appellant's complaint, had been changed.