01985634
10-14-1999
Vincent E. Bruni, Appellant, v. Rodney E. Slater, Secretary, Department of Transportation, Agency.
Vincent E. Bruni, )
Appellant, )
)
v. ) Appeal No. 01985634
) Agency No. 6-98-6070
Rodney E. Slater, )
Secretary, )
Department of Transportation, )
Agency. )
___________________________________)
DECISION
Appellant filed the instant appeal from the agency's decision dated June
29, 1998, dismissing a portion of appellant's complaint. The Commission
notes that the agency issued an amended acceptance letter dated September
18, 1998, in which it redefined some of the accepted allegations and
added two allegations as accepted for investigation.
In the June 29, 1998 decision the agency dismissed the following
allegation for stating the same claim as raised by appellant in 6-97-032:
Appellant was harassed by former Air Traffic Manager A and former
Air Traffic Division Manager A from 1996 through January 13, 1997.
The agency dismissed the following allegations on the grounds that
appellant failed to timely contact an EEO Counselor: appellant was not
given the opportunity to interview for a supervisory position in June
1995; appellant was not given an assignment to train one of the new
developmentals; and appellant was physically threatened by Air Traffic
Control Specialist A in December 1997. The agency also dismissed the
following allegation for failing to state a claim: Air Traffic Control
Specialist A initiated unwanted physical threats towards Persons A and B.
The Commission finds after examining appellant's complaint and appellant's
arguments on appeal that it appears that the dismissed portion of the
instant complaint was meant as background information only and that
appellant only included such information in the complaint so that
the incidents would be investigated. To the extent that appellant
is attempting to raise the dismissed allegations as allegations in
the instant complaint, the Commission finds that the agency properly
dismissed the allegations for stating the same claim as raised by
appellant in another complaint, for untimely EEO Counselor contact,
and for failing to state a claim pursuant to 29 C.F.R. �1614.107(a),
�1614.107(b), and �1614.107(a), respectively.
The Commission recognizes that all of the incidents in the dismissed
portion of the complaint may be evidence of the alleged discrimination
in the accepted portion of the complaint. Therefore, if the dismissed
incidents are relevant, the agency should investigate such allegations
when investigating the accepted portion of the complaint.
The agency's decision dismissing a portion of the complaint is AFFIRMED.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0795)
The Commission may, in its discretion, reconsider the decision in this
case if the appellant or the agency submits a written request containing
arguments or evidence which tend to establish that:
1. New and material evidence is available that was not readily available
when the previous decision was issued; or
2. The previous decision involved an erroneous interpretation of law,
regulation or material fact, or misapplication of established policy; or
3. The decision is of such exceptional nature as to have substantial
precedential implications.
Requests to reconsider, with supporting arguments or evidence, MUST
BE FILED WITHIN THIRTY (30) CALENDAR DAYS of the date you receive this
decision, or WITHIN TWENTY (20) CALENDAR DAYS of the date you receive
a timely request to reconsider filed by another party. Any argument in
opposition to the request to reconsider or cross request to reconsider
MUST be submitted to the Commission and to the requesting party
WITHIN TWENTY (20) CALENDAR DAYS of the date you receive the request
to reconsider. See 29 C.F.R. �1614.407. All requests and arguments
must bear proof of postmark and 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 filed on the date it is received
by the Commission.
Failure to file within the time period will result in dismissal of your
request for reconsideration as untimely. If extenuating circumstances
have prevented the timely filing of a request for reconsideration,
a written statement setting forth the circumstances which caused the
delay and 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. �l6l4.604(c).
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:
October 14, 1999
DATE Carlton M. Hadden, Acting Director
Office of Federal Operations