01993091
05-05-2000
Catherine A. LaMaur, Complainant, v. William J. Henderson, Postmaster General, United States Postal Service, Agency.
Catherine A. LaMaur, )
Complainant, )
)
v. ) Appeal No. 01993091
) Agency No. 4G-770-0120-99
William J. Henderson, )
Postmaster General, )
United States Postal Service, )
Agency. )
____________________________________)
DECISION
Upon review, the Commission finds that the complainant's complaint was
properly dismissed pursuant to 64 Fed. Reg. 37,644, 37,656 (1999)(to
be codified and hereinafter referred to as EEOC Regulation 29 C.F.R. �
1614.107(a)(1)) for failure to state a claim.<1>
The complainant alleged that she was discriminated against on the
bases of race (Caucasian), color (White), sex (female), and retaliation
(prior EEO activity) when on October 12, 1998, her supervisor failed
to provide her union steward with information that the union steward
requested for the complainant's defense and management delayed hearing
her Step I grievance for 10 days.
On appeal, the complainant asserts that the agency's action was part of
a pattern of harassment, that denial of the request for documentation
was a due process error in the grievance process and that by its actions,
management sought to single her out and place her outside the protections
of the union agreement.
The Commission finds that the complaint constitutes a collateral attack on
the grievance process and therefore fails to state a claim. See Lingad
v. U.S. Postal Service, EEOC Request No. 05930106 (June 24, 1993);
Pietrewicz v. Department of Agriculture, EEOC Appeal No. 01994448
(October 27, 1999)(allegations that management prevented him from
receiving unemployment compensation benefits by failing to provide
necessary paperwork and providing false information constituted a
collateral attack on the unemployment compensation process); Shibel
v. Department of the Navy, EEOC Appeal No. 01987064 (August 12, 1999)(
allegation that complainant was harassed when he was denied immediate
access to a union official during the filing of his union grievance;
denied information for the processing of his grievance; denied a proper
investigation of his union grievance; and the negotiated union agreement
was not adhered to failed to state a claim because the allegations
constituted a collateral attack on the grievance process and involved
actions inextricably intertwined with the processing and administration
of appellant's grievance); Berthelot v. U.S. Postal Service EEOC Appeal
No. 01983687 (October 20, 1999)(allegations by complainant that he was
instructed to complete a form for workers' compensation benefits while
off the clock and denied representation and assistance in completing
the forms and that he had to go into the office to obtain the forms were
found to be outside the purview of the Commission and a collateral attack
on the workers' compensation process, regardless of the agency's alleged
pattern of harassment).
The Commission has recognized very narrow exceptions to the general
prohibition on collateral attacks and the present complaint does not
fall within the narrow exceptions. See Story v. U.S. Postal Service,
EEOC Request No. 05960314 (October 18, 1996); Ellis v. U.S. Postal
Service, EEOC Request No. 05920011 (March 12, 1992) (discriminatory
application of grievance process may state a claim). The proper
forum for the complainant to have raised his challenges is during the
grievance process itself. See Lau v. Nat'l Credit Union Administration,
EEOC Request No. 05950037 (March 18, 1996). It is inappropriate for
the complainant to now attempt to use the EEO process to collaterally
attack actions which occurred during the grievance process.
Accordingly, the agency's dismissal of the complaint was proper and is
AFFIRMED.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0300)
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); 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 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).
COMPLAINANTS' RIGHT TO FILE A CIVIL ACTION (S0400)
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:
May 5, 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 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.