01a30301_r
03-13-2003
Julio L. Carlo, Jr. v. United States Postal Service 01A30301 March 13, 2003 . Julio L. Carlo, Jr., Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Julio L. Carlo, Jr. v. United States Postal Service
01A30301
March 13, 2003
.
Julio L. Carlo, Jr.,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Appeal No. 01A30301
Agency No. 4-G-780-0208-00
DECISION
Upon review, the Commission finds that the agency's decision not to
reinstate complainant's complaint of unlawful employment discrimination
that the parties had settled is proper. See 29 C.F.R. � 1614.504.
On June 22, 2000, the parties entered into a settlement agreement
resolving the complaint. The settlement agreement provided that:
It is hereby agreed that [an identified management official] will provide
[complainant] 204-B training within the CFS union beginning August
26, 2000. This training will last for a 90-day period.
On August 14, 2002, complainant alleged that the agency breached the
settlement agreement when he was denied 204-B training from June 2001 to
July 2002. Complainant also indicated that a supervisor made derogatory
statements about complainant's 204-B training and his qualification for
that training after the settlement agreement. After a review of the
record, undisputed by complainant, the Commission finds that complainant
received 204-B training from August 28, 2000 through November 29, 2000, in
accordance with the settlement agreement. Since the settlement agreement
does not address alleged derogatory remarks and does not provide for
complainant's 204-B training from June 2001 to July 2002, the Commission
finds that these matters are beyond the scope of the settlement agreement.
If complainant wishes to pursue this claim of denied training and
derogatory remarks as a separate complaint of discrimination, then he
should initiate contact with an EEO Counselor within 15 days after he
receives this decision. The Commission does not address whether such a
complaint would state a claim or whether such claims are timely raised
with an EEO Counselor.
Accordingly, the agency's decision is hereby 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
March 13, 2003
__________________
Date