Gallov.Dep't. of Labor

Equal Employment Opportunity CommissionOct 1, 1998
04980010 (E.E.O.C. Oct. 1, 1998)

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.