01a53766
08-12-2005
Eddie J. Caldwell, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Eddie J. Caldwell v. United States Postal Service
01A53766
August 12, 2005
.
Eddie J. Caldwell,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Appeal No. 01A53766
Agency No. 4C-430-0049-05
DECISION
Upon review, the Commission finds that complainant's complaint was
properly dismissed pursuant to 29 C.F.R. � 1614.107(a)(1) for failure
to state a claim. In his complaint, complainant alleged that he
was subjected to discrimination on the basis of reprisal for prior
EEO activity when, from January 28, 2005, through February 11, 2005,
the Station Manager delayed complainant's pay for pay periods 05-02-02
(January 15, 2005 to January 21, 2005) and 05-03-01 (January 22, 2005
to January 28, 2005) because the Station Manager wanted information from
complainant's physician.
The record reveals that, on February 4, 2004, complainant requested and
was approved for Family and Medical Leave Act (FMLA) leave for January
15 to 21, 2005. However, when complainant's pay was processed, he was
instead charged with leave without pay. Complainant stated that, on
January 28, 2005, he provided management with the medical documentation
requested in regard to his leave request, but the pay adjustments were
not made at that time. The agency stated, that on February 11, 2005,
complainant made the Station Manager aware of this error, and that on
the same day, the Manager had a cash adjustment advance processed for
complainant for 39.64 hours of sick leave and .36 hours of annual leave
for January 15, 2005 through January 21, 2005, and he was paid for 40
hours of annual leave for January 22, 2005 through January 28, 2005.
The record reveals that both pay adjustments were approved and completed
on February 11, 2005, the same date complainant made the Station Manager
award of the problem. It was noted that the adjustments were made due
to complainant's submission of required FMLA certification for the dates
in question.
The Commission finds that complainant has not established that he
sustained any harm or loss with respect to a term, condition, or privilege
of his employment as a result of the alleged error which was corrected
immediately thereafter. There is no remedy to provide complainant in
the instant matter.
Accordingly, the agency's final decision dismissing complainant's
complaint 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
August 12, 2005
__________________
Date