0120170951
06-29-2018
Emanuel W.,1 Complainant, v. Megan J. Brennan, Postmaster General, United States Postal Service (Eastern Area), Agency.
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
Emanuel W.,1
Complainant,
v.
Megan J. Brennan,
Postmaster General,
United States Postal Service
(Eastern Area),
Agency.
Appeal No. 0120170951
Agency No. 1C-171-0024-15
DISMISSAL
On January 19, 2017, Complainant filed an appeal with the Equal Employment Opportunity Commission (EEOC or Commission) regarding a Notice of Removal, issued June 22, 2015.
The record reveals that Complainant filed an EEO complaint (August 22, 2015) and a union grievance (July 7, 2015) regarding the Agency's issuance of the Notice of Removal. The Agency docketed the EEO complaint as Agency No. 1C-171-0024-15, and the complaint progressed to the hearing stage of the EEO process. Separately, on December 24, 2015, under the negotiated grievance process, Complainant and the Agency reached a last chance settlement agreement. In pertinent part, the Agency agreed to modify the Notice of Removal to a Long-Term Suspension from duty, and Complainant agreed to voluntarily withdraw any outstanding grievances, EEO complaints, and MSPB appeals.
On December 20, 2016, the Agency filed a Motion to Dismiss Complaint Pursuant to Settlement Agreement with an assigned EEOC Administrative Judge (AJ). In an Order of Dismissal, dated December 21, 2016, the AJ administratively closed Agency No. 1C-171-0024-15. On January 19, 2017, Complainant filed an appeal with this Commission, stating that he signed the settlement agreement under duress and is entitled to a hearing.
Upon review, we find that Complainant's appeal must be dismissed. Complainant alleges that he signed a settlement agreement in the negotiated grievance process, under duress. We find that he would have to raise such concern under that process. Further, alternatively, there is no final agency decision before us as Complainant failed to raise his allegation with the Agency EEO Director as is required under 29 C.F.R. � 1614.504(a). We find Complainant has no grounds to file the instant appeal.
Accordingly, the instant appeal is DISMISSED.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0617)
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. A party shall have twenty (20) calendar days of receipt of another party's timely request for reconsideration in which to submit a brief or statement in opposition. See 29 C.F.R. � 1614.405; Equal Employment Opportunity Management Directive for 29 C.F.R. Part 1614 (EEO MD-110), at Chap. 9 � VII.B (Aug. 5, 2015). All requests and arguments must be submitted to the Director, Office of Federal Operations, Equal Employment Opportunity Commission. Complainant's request may be submitted via regular mail to P.O. Box 77960, Washington, DC 20013, or by certified mail to 131 M Street, NE, Washington, DC 20507. 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 agency's request must be submitted in digital format via the EEOC's Federal Sector EEO Portal (FedSEP). See 29 C.F.R. � 1614.403(g). 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 (S0610)
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 (Z0815)
If you want to file a civil action but cannot pay the fees, costs, or security to do so, you may request permission from the court to proceed with the civil action without paying these fees or costs. Similarly, if you cannot afford an attorney to represent you in the civil action, you may request the court to appoint an attorney for you. You must submit the requests for waiver of court costs or appointment of an attorney directly to the court, not the Commission. The court has the sole discretion to grant or deny these types of requests. Such requests do not alter the time limits for filing a civil action (please read the paragraph titled Complainant's Right to File a Civil Action for the specific time limits).
FOR THE COMMISSION:
______________________________ Carlton M. Hadden's signature
Carlton M. Hadden, Director
Office of Federal Operations
June 29, 2018
__________________
Date
1 This case has been randomly assigned a pseudonym which will replace Complainant's name when the decision is published to non-parties and the Commission's website.
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