04980010
10-01-1998
Anthony J. Gallo v. Department of Labor
Anthony J. Gallo v. Department of Labor
04980010
October 1, 1998
Anthony J. Gallo, )
Petitioner, )
)
v. ) Petition No. 04980010
) Appeal No. 01964007
)
)
Alexis M. Herman, )
Secretary, )
Department of Labor, )
Agency. )
___________________________________)
DECISION ON A PETITION FOR ENFORCEMENT
On December 31, 1997, the Equal Employment Opportunity Commission,
docketed a petition for enforcement to examine the enforcement of its
order in Anthony J. Gallo v. Cynthia A. Metzler, Acting Secretary,
Department of Labor, EEOC Appeal No. 01964007 (April 18, 1997).<1> This
petition for enforcement is accepted by the Commission pursuant to 29
C.F.R. �1614.503.
Petitioner and the agency entered into a settlement agreement in August
1993. Clause (2) of that agreement provided, in part, that petitioner
would continue to take the lead in automation uploading from the agency's
New York State office to its regional office. In Appeal No. 01964007, the
Commission found that the agency breached this portion of the settlement
agreement. The decision noted that, although petitioner was involved
in the initial implementation of an uploading system, he was not being
kept abreast of uploading procedures and was unaware of the process by
which data was actually uploaded. The Commission ordered the agency
to specifically implement the term of the settlement providing that
petitioner would take the lead in automation upload from the New York
State office to the regional office. The order further specified that:
The agency must notify petitioner of the procedures used in automation
uploading from the New York office to the regional office, of changes in
such procedures, and of other matters that are related to the monitoring
of the automation uploading process.
On April 24, 1997, the Commission notified the agency that its compliance
with the decision in Appeal No. 01964007 would be monitored, and that the
agency should submit a written report enumerating each of its compliance
actions, together with appropriate supporting documentation.
Petitioner filed a one-page petition for enforcement on November 4,
1997. He indicated that the agency had not attempted to comply with
the Commission's order in Appeal No. 01964007.
The agency submitted a letter dated December 10, 1997, addressed to
the Compliance Officer. The agency characterized this letter as its
compliance report. It included internal correspondence directing the
agency's EEO manager to implement the Commission's order. The agency's
civil rights director requested the EEO manager to provide her with a
copy of the notification to petitioner and all other documents related
to the implementation of the order. No further information was received
from the agency until July 1998.
On July 7, 1998, the agency submitted what appears to be its final report
of compliance in connection with its implementation of clause (2) of
the August 1993 settlement agreement at issue in appeal No. 01964007.
In a memorandum to the agency's civil rights director, dated May 14,
1998, the regional administrator indicated that appellant was asked to
monitor the uploading system between Brooklyn and Albany, and later to
discourage its use after it was found to be unproductive. An affidavit
from the alien certification unit supervisor dated January 1, 1996,
indicates that appellant was involved in the technical discussions and
negotiations that took place between the regional and state management
information staffs. The supervisor also indicated that the problems
requiring appellant's oversight were resolved, and that the monitoring
function is now performed by a clerical worker. Finally, the memorandum
indicated that appellant's assignment terminated on May 24, 1998, and
that appellant was given a choice in determining his next assignment.
On the basis of this information, the Commission finds that the agency has
fully complied with its order in Appeal No. 01964007, and consequently,
that no further compliance action is necessary. We therefore deny this
petition for enforcement.
STATEMENT OF PETITIONER'S RIGHTS ON PETITION FOR ENFORCEMENT
RIGHT TO FILE A CIVIL ACTION (S0993)
It is the position of the Commission that 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.
You should be aware, however, that courts in some jurisdictions have
interpreted the Civil Rights Act of 1991 in a manner suggesting that
a civil action must be filed WITHIN THIRTY (30) CALENDAR DAYS from the
date that you receive this decision. To ensure that your civil action
is considered timely, you are advised to file it WITHIN THIRTY (30)
CALENDAR DAYS from the date that you receive this decision or to consult
an attorney concerning the applicable time period in the jurisdiction
in which your action would be filed. 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 (Z1092)
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:
OCT 1, 1998
__________________ _______________________________
DATE Frances M. Hart
Executive Officer
Executive Secretariat
1The petition also requests enforcement on Anthony J. Gallo v. Robert B.
Reich, Secretary, Department of Labor, EEOC Appeal No. 01962554 (November
19, 1996). Correspondence between the agency and the compliance officer,
however, indicates that the agency fully complied with the order in
Appeal No. 01962554, and that no further compliance action is necessary.