Ronald C. Jackson, Complainant,v.William J. Henderson, Postmaster General, United States Postal Service, Agency.

Equal Employment Opportunity CommissionJul 28, 2000
01983779 (E.E.O.C. Jul. 28, 2000)

01983779

07-28-2000

Ronald C. Jackson, Complainant, v. William J. Henderson, Postmaster General, United States Postal Service, Agency.


Ronald C. Jackson v. United States Postal Service

01983779

July 28, 2000

.

Ronald C. Jackson,

Complainant,

v.

William J. Henderson,

Postmaster General,

United States Postal Service,

Agency.

Appeal No. 01983779

Agency No. 1F-914-1776-93

DECISION

The complainant filed a timely appeal with this Commission from

a final decision by the agency dated March 19, 1998, finding that

there were no breach of settlement agreement claims pending before the

agency.<1> The Commission accepts the complainant's appeal pursuant to

64 Fed. Reg. 37,644, 37,659, 37,660 (1999)(to be codified and hereinafter

referred to as EEOC Regulation 29 C.F.R. � 1614.504(b)).

The agency issued its final decision following a prior Commission

decision on a claim of non-compliance with the terms of an October 2,

1995 settlement agreement between the parties. Jackson v. United States

Postal Service, EEOC Appeal No. 01971282 (February 3, 1998). Therein,

the Commission found that the complainant had not proven that the agency

breached the following provision of the October 2, 1995 settlement

agreement on June 17, 1996:

Management affirms their policy to notify a shop steward within one

(1) hour of my request to see a shop steward. In the case where a shop

steward is not available, every attempt will be made to locate one as

soon as possible.

In addition, the Commission found that on appeal the complainant had

alleged that additional instances of alleged breach were pending before

the agency. The Commission ordered the agency to issue a new decision

on the complainant's new breach claims or to supplement the record with

a statement and evidence clarifying the status of the complainant's

additional breach claims.

In response to the Commission's decision, the agency issued the decision

at issue in this appeal. Therein, the agency explained its assessment

that there were no pending claims that were subject to processing as

breach claims.

On appeal, the complainant submits a copy of his informal complaint in

agency complaint number 1F-914-1010-96. Therein, he alleged that he was

denied a shop steward on several occasions in December 1995 and January

1996 based on his sex, age, and disability.

The record contains a copy of the decision of an Administrative Judge on

agency complaint number 1F-914-1010-96, EEOC Hearing No. 340-97-3121X.

Therein, the Administrative Judge found that the complainant had not

established that he was denied access to a shop steward. This factual

finding was accepted by the agency in a final decision dated December

3, 1998, and is binding on the parties absent a timely appeal to the

Commission or the filing of a timely complaint in the appropriate United

States District Court.

The Commission finds that the agency should have processed the

complainant's informal complainant claims of breach pursuant to EEOC

Regulation 29 C.F.R. � 1614.504(b) and, therefore, that the agency

improperly determined that there were no breach claims pending before it

in March 1998. However, the Commission finds that no purpose would be

served by remanding the breach claims to the agency for determination,

given the agency's prior acceptance of the Administrative Judge's

finding that the complainant had not established he had been denied

access to a shop steward.

CONCLUSION

Based on the Administrative Judge's finding described above, the

Commission finds that the complainant has not proven that the agency

breached a term of the October 2, 1995 settlement agreement between the

parties.

STATEMENT OF RIGHTS - ON APPEAL

RECONSIDERATION (M0300)

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 64

Fed. Reg. 37,644, 37,659 (1999) (to be codified and hereinafter referred

to as 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 64 Fed. Reg. 37,644, 37,661 (1999) (to be codified and hereinafter

referred to as 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).

COMPLAINANTS' RIGHT TO FILE A CIVIL ACTION (S0400)

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, Acting Director

Office of Federal Operations

July 28, 2000

__________________

Date

CERTIFICATE OF MAILING

For timeliness purposes, the Commission will presume that this decision

was received within five (5) calendar days after it was mailed. I certify

that this decision was mailed to complainant and the agency on:

__________________

Date

______________________________

1On November 9, 1999, revised regulations governing the EEOC's federal

sector complaint process went into effect. These regulations apply to all

federal sector EEO complaints pending at any stage in the administrative

process. Consequently, the Commission will apply the revised regulations

found at 64 Fed. Reg. 37,644 (1999), where applicable, in deciding the

present appeal. The regulations, as amended, may also be found at the

Commission's website at www.eeoc.gov.