0120120018
12-19-2012
Rhonda L. Simmons, Complainant, v. Patrick R. Donahoe, Postmaster General, United States Postal Service (Southwest Area), Agency.
Rhonda L. Simmons,
Complainant,
v.
Patrick R. Donahoe,
Postmaster General,
United States Postal Service
(Southwest Area),
Agency.
Appeal No. 0120120018
Agency No. 4G-350-0009-11
DECISION
Complainant filed a timely appeal to the Commission from the Agency's decision dated August 9, 2011, dismissing her complaint for failure to state a claim and/or for alleging dissatisfaction with the processing of a previously filed complaint pursuant to 29 C.F.R. �� 1614.107(a)(1) and (8). For the following reasons, we AFFIRM the Agency's decision.
BACKGROUND
In its decision, the Agency defined Complainant's complaint as alleging discrimination in reprisal for prior EEO activity when: (1) on April 5, 2011, her settlement agreement was rescinded; and (2) mediation was not scheduled. The Agency dismissed claim (1) for failure to state a claim and/or for stating the same claim that was already resolved via a settlement agreement. The record indicates that on October 20, 2010, the parties entered into a settlement agreement resolving Complainant's prior EEO complaint, Agency No. 4H-350-0083-10. As a result, Complainant was downgraded/reassigned from level 20 at Jacksonville Post Office to level 18 at Alexandria Post Office. The Agency also dismissed claim (2) for alleging dissatisfaction with the processing of a complaint.
ANALYSIS AND FINDINGS
The Commission finds that the Agency has misdefined claim (1). It appears that Complainant is alleging dissatisfaction with the settlement agreement she entered into. This does not state a claim of discrimination and is properly dismissed for failure to state a claim pursuant to 29 C.F.R. �1614.107(a)(1).
Complainant may also be alleging that the Agency breached the settlement agreement which resolved her prior complaint or that the settlement agreement should be voided. Complainant has not asked for specific enforcement of the agreement or reinstatement of the settled matters and it is simply unclear if she is indeed attempting to have the agreement ruled void or allege breach or simply be claiming discrimination in the instant complaint. Complainant is advised, if she has not already done so, to raise the alleged noncompliance of the settlement agreement, in writing, to the Agency EEO Compliance and Appeals Coordinator as set forth under the settlement agreement. 29 C.F.R. � 1614.504.
With regard to claim (2), we find that the Agency properly dismissed the matter since Complainant merely alleged her dissatisfaction concerning the Agency's processing of her instant complaint. Such a claim has failed to render her aggrieved and is properly dismissed for failure to state a claim pursuant to 29 C.F.R. �1614.107(a)(1).
CONCLUSION
Accordingly, the Agency's decision dismissing Complainant's complaint is AFFIRMED.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0610)
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), at 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 77960, Washington, DC 20013. 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 (S0610)
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 (Z0610)
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 from the Court that the Court appoint an attorney to represent you and that the Court also 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 with the Court 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
12/19/12
__________________
Date
2
0120120018
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013