01a04101
02-15-2001
Hazel Williams, Complainant, v. Elaine Chao, Secretary, Department of Labor, Agency.
Hazel Williams v. Department of Labor
01A04101
February 15, 2001
.
Hazel Williams,
Complainant,
v.
Elaine Chao,
Secretary,
Department of Labor,
Agency.
Appeal No. 01A04101
Agency No. 00-09-037
DECISION
Upon review, the Commission finds that the agency's decision dated May
19, 2000, dismissing claim (1) in complainant's complaint for failure
to state a claim and claim (2) due to untimely EEO Counselor contact is
proper pursuant to 29 C.F.R. �� 1614.107(a)(1) and (2). In her complaint,
complainant alleged that (1) on July 20, 1999, she was denied her choice
of union representative during her grievance procedure; and (2) in June
1999, she received a low performance appraisal for the period from June
19, 1998 to June 21, 1999. Upon review, the Commission finds that claim
(1) fails to state a claim since it concerns the general administration
of the grievance process and does not relate to an employment policy
or practice. See Kleinman v. United States Postal Service, EEOC Request
No. 05940585 (September 22, 1994); Lingad v. United States Postal Service,
EEOC Request No. 05930106 (June 24, 1993).
With regard to claim (2), the record indicates that the alleged
incident occurred in June 1999, but complainant did not contact an
EEO Counselor until October 15, 1999, which was beyond the 45-day time
limit set by the regulations. The record indicates that complainant
filed her grievance regarding the performance appraisal on July 20,
1999. However, the Commission has held that the use of the negotiated
grievance procedure does not toll the time limits for contacting an
EEO Counselor. See Schermerhorn v. United States Postal Service, EEOC
Request No. 05940729 (February 10, 1995). Although complainant contends
on appeal that she was continuously harassed by the agency, she does
not identify any specific incident which fell within the requisite time
limit for timely EEO Counselor contact.
Accordingly, the agency's decision is hereby AFFIRMED.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0900)
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
February 15, 2001
__________________
Date