01A12614
07-25-2001
Linda J. Hodges, Complainant, v. John E. Potter, Postmaster General, United States Postal Service (Southwest Area), Agency.
Linda J. Hodges v. United States Postal Service
01A12614
July 25, 2001
.
Linda J. Hodges,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service
(Southwest Area),
Agency.
Appeal No. 01A12614
Agency No. 4G-7300089-99
Agency No. 4G-7300064-00
DECISION
The appeal contains information concerning two agency files, neither
of which is properly before the Commission, and therefore the appeal
is denied.
Agency No. 4G-7300089-99
Complainant filed an appeal with this Commission, dated March 8, 2001,
from a settlement agreement entered April 6, 1999, in Agency Number
4G-7300089-99. See 29 C.F.R. � 1614.504(b) and 29 C.F.R. � 1614.405.
The file does not contain any notification by the complainant to the
Agency's EEO Director of any alleged noncompliance with the settlement
agreement. See 29 C.F.R. � 1614.504(a).
EEOC Regulation 29 C.F.R. �1614.504 (a) provides that any settlement
agreement knowingly and voluntarily agreed to by the parties, reached at
any stage of the complaint process, shall be binding on both parties. If
the complainant believes that the agency has failed to comply with the
terms of a settlement agreement or final decision, the complainant shall
notify the EEO Director, in writing, of the alleged noncompliance within
30 days of when the complainant knew or should have known of the alleged
noncompliance. The complainant may request that the terms of the agreement
be specifically implemented, or, alternatively, that the complaint be
reinstated for further processing from the point processing ceased.
Here, the file does not contain a copy of the required notification,
and the agency's Manager, EEO Dispute Resolution, stated in a response
to the appeal, that the complainant has never notified the agency of
any noncompliance with the settlement agreement, or that she desired
the settlement implemented or desired to continue processing the EEO
complaint.
If the agency has not responded to the complainant, in writing,
or if the complainant is not satisfied with the agency's attempt to
resolve the matter, the complainant may appeal to the Commission for
a determination as to whether the agency has complied with the terms
of the settlement agreement or final decision. The complainant may
file such an appeal 35 days after she has served the agency with the
allegations of noncompliance, but must file an appeal within 30 days of
his or her receipt of an agency's determination. Here, there has been
no complainant notice and no agency final determination.
Therefore, we find that complainant failed to raise a breach allegation
within the 30-day time frame set forth in �1614.504 (a).
Agency No. 4G-7300064-00
By EEO Complaint of Discrimination, filed April 6, 2000, in Agency Number
4G-7300064-00, the complainant alleged discrimination based on sex
(female), age (born 8/22/44), and retaliation (prior EEO activity).
Complainant requested that her starting time be changed and that
there be no retaliation for filing an EEO complaint. This complaint
was investigated and the report was attached to the instant appeal.
No final agency decision (FAD) is located in the file, and no reference
to a FAD can be found in the file. It does not appear that the agency
has issued a FAD.
EEOC Regulation 29 C.F.R. � 1614.401(a) provides that a complainant may
file an appeal of an agency's final decision or the agency's dismissal of
a complaint. The Commission has no jurisdiction to review complainant's
complaint where there has been no final agency decision. See Martin
v. Department of the Army, EEOC Request No. 05930284 (August 12, 1993).
Regulation 29 C.F.R. � 1614.401; � 1614.110.
In conclusion we find that the appeal is not accordance with Commission
regulations, and is therefore, DISMISSED.
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
July 25, 2001
Date