01A30146_r
03-17-2003
Wendell P. Tyler, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Wendell P. Tyler v. United States Postal Service
01A30146
March 17, 2003
.
Wendell P. Tyler,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Appeal No. 01A30146
Agency No. 4I-604-0121-02
DECISION
Complainant filed a timely appeal with this Commission from the
final agency decision dated July 29, 2002, dismissing his complaint of
unlawful employment discrimination in violation of Title VII of the Civil
Rights Act of 1964 (Title VII), as amended, 42 U.S.C. � 2000e et seq.
and Section 501 of the Rehabilitation Act of 1973 (Rehabilitation Act),
as amended, 29 U.S.C. � 791 et seq.
In his formal complaint, complainant alleged that he was subjected to
discrimination on the bases of disability and in reprisal for prior EEO
activity when on June 5, 2002, he discovered during a scheduled EEO
hearing for a prior complaint that an agency official had committed
acts of obstruction of justice and witness tampering; and that his
privacy rights had been violated when an agency Postmaster indicated
in that same hearing that copies of administrative appeals/decisions
from the Commission and the Merit Systems Protection Board (MSPB) were
made available for disclosure to him.
The agency dismissed the complaint in its entirety pursuant to 29
C.F.R. � 1614.107(a)(8), on the grounds that the matters raised therein
addressed dissatisfaction with the processing of a previously filed
complaint.
The regulation set forth at 29 C.F.R. � 1614 107(a)(8) provides that an
agency shall dismiss claims alleging dissatisfaction with the processing
of a prior complaint.
With respect to complainant's claims that the agency representative had
committed acts of obstruction of justice and witness tampering in an
EEO hearing, the Commission finds that the claims concern complainant's
dissatisfaction with the processing of a separate EEO Complaint (Agency
4J-604-0029-00). Therefore, the Commission finds that the agency properly
dismissed the agency representative's obstruction of justice and witness
tampering claims pursuant to 29 C.F.R. � 1614.107(a)(8).
While the agency dismissed complainant's remaining claim (disclosure
of Commission and MSPB decisions) on the grounds that it alleges
dissatisfaction with the processing of his prior complaint, the
Commission determines that this claim is more properly analyzed pursuant
to 29 C.F.R. � 1614.107(a)(1), regarding whether it states a claim.
Complainant asserts that his "privacy rights" were violated. However,
matters brought under the provisions of the Privacy Act rest exclusively
within the jurisdiction of the United States District Courts. See Bucci
v. Department of Education, EEOC Request Nos. 05890289, 05890290, 05890291
(April 12, 1989).
Accordingly, the agency's dismissal is AFFIRMED.
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
March 17, 2003
__________________
Date