01A03128_r
08-28-2002
Michael E. Oatman, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Michael E. Oatman v. U.S. Postal Service
01A03128
August 28, 2002
.
Michael E. Oatman,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Appeal No. 01A03128
Agency No. 1-J-483-0082-97
DISMISSAL OF APPEAL
Complainant filed an appeal with this Commission from an agency final
decision dated February 22, 2000, dismissing the captioned complaint.
In his complaint, filed under Title VII of the Civil Rights Act of 1964,
as amended, 42 U.S.C. � 2000e et seq. and the Rehabilitation Act of 1973,
as amended, 29 U.S.C. � 791, et seq., complainant claimed discrimination
on the bases of race and disability when he was placed on an emergency
suspension in March 1997, after an altercation with security guards in a
parking lot while off-duty, and subsequently terminated in April 1997,
as a result of this incident. At the conclusion of the investigation,
the agency provided complainant with a copy of the completed investigative
report and notified him of his right to request a hearing or an agency
final decision. According to the record, complainant requested a hearing
on June 6, 1998, and the agency transferred the case to the EEOC's Detroit
District Office to schedule a hearing before an Administrative Judge.
While the case was pending a hearing at the EEOC, the agency determined
that complainant filed a civil action in the United States District Court
for the Eastern District of Michigan (Southern Division) on February 3,
1999 (Civil Action No. 99-70424). Consequently, the agency issued
the above referenced decision dismissing the complaint on the grounds
that complainant raised the same matter in a civil action pursuant to
29 C.F.R. � 1614.107(c). The instant appeal followed.
Review of Commission records reflects that neither party advised the AJ
of either the February 22, 2000 dismissal, or the pending civil action,
such that the AJ rendered a summary judgment decision on the merits
of this same complaint in September 2000, finding no discrimination.
Commission records further reflect that complainant filed an appeal
concerning the AJ's determination, and that the Commission issued
a decision affirming the finding of no discrimination. See Oatman
v. U.S. Postal Service, EEOC Appeal No. 01A10781(August 7, 2002).
Accordingly, because the Commission previously rendered a decision on
the merits of the captioned complaint, the instant appeal, concerning
the prior procedural dismissal of the same complaint, must be DISMISSED.
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
August 28, 2002
__________________
Date