U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
OFFICE
Of FEDERAL OPERATIONS
P.O. BOX 19848
Washington, D.C. 20036
Laura C. Jones Appeal
No. 0120064394
Complainant, Hearing
No. 100-A5-0382X
Agency
No. OA-04-01
V.
President
George W. Bush
&
Larrilyn
Bertocchio,
Special
Assistant to the President
of the
United States of America &
Acting
Director, Office of Administration,
Executive
Office of the President,
Agency
Complainants Reconsideration
Appeal from the U.S. Equal Employment Opportunity Commission, Office of Federal
OperationÕs Decision dated January 30, 2007, affirming the Final Agency
Decision
On January
30, 2007, the Equal Employment Opportunity Commission (EEOC) Office of Federal
Operations (OFO) issued a decision affirming presiding Administrative Judge
Richard SchneiderÕs April 26, 2006, EEOC Decision and Order Entering Judgment granting the AgencyÕs motion for
Summary Judgment. (Tab 1) The OFO decision gives complainant 30 days to file for ÒReconsiderationÓ
of the OFO decision. The Complainant received the Appeal on February 4, 2007
and now responds.
On June 22,
2006 the Complainant appealed the AgencyÕs May 23, 2006, Final Agency Decision
(FAD). The Agency advised Complainant it Òfully intends to implement the AJÕs (4-26-06) decisionÓ
and order in which Complaint alleged 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.
On
September 21, 2006, Complainant supplemented her appeal via first class mail to
all parties per an extension granted by the Commission. Note - Complainant nor her Representative
was not provided a copy of the AJÕs decision from the Agency Counsel in
the AgencyÕs 5-23-06 FAD sent via certified mail - return receipt to the
Complainant. (Tab 2)
On February
28, 2007, according to AJ Schneider, he served a copy of his decision to the
ComplainantÕs representative via 1st Class mail on or about April
26, 2006 and to the Agency representative but, not to the Complainant. (Tab
1) The Complainants representative (a
ÒknownÓ non-attorney by all parties) advised the AJ that he never received the
4-26-06 Decision from either the AJ or the Agency. This explains why the
Complainant did not specifically address in her supplement in support of
her Appeal to OFO (9-21-06), the AJÕs 4-26-06 Order granting the Agency Summary
Judgment on issues (1) - (3) and did not explain Òwhy a hearing ought to
have been conducted concerning such specific claims.Ó
Furthermore
and as a matter of fact, on April 6, 2006, AJ Schneider faxed a copy of his
Order stating ÒDetermination of Claims Before The CommissionÓ and again he did not send his Order
to Complainant in accordance with EEOC Regulations. (Tab 3) In that Decision the AJ states in
footnote 2 on page 1 that in [his] same Order dated January 27, 2006 (Determination of Claims Before the
Commission) ÒI noted that Complainant had Failed to appose or respond to the
[the AgencyÕs] motion in any wayÓ
Again the
Complainant notes the AJÕs fax to her (non-lawyer) representative comes nearly
three months later (April 6, 2006) and well after the date (1-27-06) that he
indicates he sent it according to his 4-26-07 Order. Also just as important -
the AJÕs (4-6-06) faxed order is without an official signature of authentication. (Tab
3)
Agency
Motion To Dismiss:
On February
15, 2007, Complainant received a letter from the Agency (Tab 4) renewing a motion requesting the OFO
dismiss Complainants entire Appeal with prejudice as untimely. Supporting itÕs motion,
the Agency submitted a copy of an envelope with documentation of Complainants
support for her appeal with 1st Class meter postmarked on September
21, 2006 ÒcancelledÓ and postmarked on December 5, 2007. The envelope was
mailed on time but returned to ComplainantÕs representativeÕs post office box
damaged and undelivered and, subsequently returned to the Agency who still did
not receive it until January 26, 2007. The Complainant made a Ògood faithÓ effort to timely serve both the
Agency and the OFO by supplementing her Appeal with basically the same
supporting documentation (already a part of the EEOC file in accordance with
appeal regulations) sent from the Agency to the OFO following the Complainants
June 22, 2006 Appeal notification.
The
Complainant made an effort to serve both the Agency and OFO although having not
received the AJ Decision (4-26-06) as proper service and therefore, unable
to attach the same to her initial Appeal in according to EEOC Federal Regulations.
Note - Complainants must also be
served Orders by the AJ and Agency when represented by non attorneys.
Furthermore,
this is not the first time the Agency has admitted problematic mail delivery
issues in ComplainantÕs matters as indicative of responding to D.C.
Unemployment Office (Tab 5) when receiving mail at the White House (EOP) due to
extensive mail delivery procedures following 9/11.
The Agency
motion concurs with the OFO that Complainant did timely file an Appeal on June
22, 2006, of the AgencyÕs May 23, 2006 FAD (Tab 4). Therefore, the Commission
rightfully made a decision accepting Complainants Appeal as timely.
Analysis
of OFO Decision & Reconsideration of Appeal
For the
record on February 28, 2007, AJ Schneider faxed the ComplainantÕs
representative (for the first time) a copy of his April 26, 2006 EEOC Decision and Order Entering Judgment granting the AgencyÕs motion for
summary judgment). (Tab 1)
Therefore,
and for the purpose of this ÒreconsiderationÓ the Complainant relies on itÕs
recollection of the facts and files to coincide with the agencyÕs file sent to
the OFO including any evidence in the file possibly not previously
provided to the Complainant.
The instant
OFO decision considers three discrimination claims addressed by the AJ. (Tab
6). These claims
were originally raised by the Complainant and ÒfoundÓ by the Agency EEO Director to be
valid under the EEO regulations and Title VII law establishing that Complainant
did formally file a prima facie case of discrimination. The AJ also briefly addresses Complainants December 13, 2005
motion for the AJ to amend the ComplainantÕs claims with her ÒProposedÓ and
ÒRemovalÓ notifications and other activity subsequent to this Appeal. (Tab
7)
In Tab 1
the AJ states that
before him consists of the Report of Investigation (ROI), and the AgencyÕs unopposed Motion (October 7, 2005) for
Summary Judgment. Complainant was awaiting the AJ ruling on the ComplainantÕs
July 9, 2005 action faxed to him requesting that he amend her EEOC Claims
before the Commission with her critical Proposed and Removal actions.
The AJ
further states, the issue is whether the agency discriminated against the
Complainant based on race (Caucasian), color (Caucasian), sex (female), and
reprisal for prior activity on April 9, 2004, in the following actions:
a. Placement of a letter of reprimand into
her personnel file on June 16, 2004:
b. Her reassignment beginning July 19,
2004, from the West Wing mailroom to the mailroom at 1800 G Street and a change
in her work hours from 10:30 a.m. - 7:00 p.m. to 9:00 a.m. - 6:00 p.m.
c. Her three-day suspension for
insolent behavior on July 15, 2004 toward her supervisors.
According
to the instant OFO decision, the AJÕs 4-26-06 decision found that the Agency articulated
a legitimate, nondiscriminatory reason for all three claims. The OFO decided in
favor of the AJ further stating for some reason the Complainant did not address
the AJ decision in her appeal showing otherwise. (Tab 6) Again, the Complainant and her
representative did not receive his decision until 2-28-07 (Faxed).
ComplainantÕs
Outstanding Work History:
The
Complainant began working at the White House, Office of
Administration(OA), the Executive
Office of the President (EOP) mailroom on April 17, 1995 (Tab 8). Since the beginning of her
employment with OA-EOP the Complainant had a stellar career record of
achievements which includes; a 1997 letter of recognition and promotion for
saving the White House thousands of dollars in mailing fees, the Executive
office of the President 1999 Silver Medallion Award, a 2001 Distinguished
Service Award, special access to the President and his personal staff in which
only five employees from the OA-EOP were allowed such distinguished privilege
and top security clearance, a 2002
Special Recognition Award, a 2003 promotion to ÒLeadÓ Mail Assistant to the
West Wing and on March 22, 2004 an individual cash award. (Tab 9).
ComplainantÕs
Evidence Showing Agency Motives as ÒPretextÓ
The ROI,
Depositions and ComplainantÕs Affidavits indicates that Complainant encountered
overt discrimination reprisals after reporting to the OA-EOP EEO Director that
an unsecured box on March 24, 2004 entered the White House Mail room en route
to President Bush, wife Laura Bush and their immediate staff. Complainant noted
the box had not been processed according to stringent security
(radiation) procedures due to Ricin precautions. Complainant and co-workers
were actively taking Ciproflaxin as a precautionary procedure to Ricin attacks
on Capital Hill just two months earlier.
Complainant
objected vehemently and was told by her supervisor Rusty Francisco (Asian) that
he authorized Barbara Swan (Black) to allow the box to bypass security
procedures. Complainant indicates the breech of security was initiated to accommodate White House staffer Mr.
Shane Chambers (White) and Special Assistant to Mr. Andrew Card (White) Chief
of Staff. Mr. Chambers inquired how he should handle a gift box that he wanted
to deliver to President Bush, Vice President Cheney and the entire
Executive staff. Complainant in
extreme fear and concern for the security of the President of the United States
immediately approached Mr. Ken HaskinsÕ(Black) Branch Chief and informed him of
the matter. Later Complainant learned the package was sent forward without
being properly handled according to security procedures.
Complainant
states Barbara Swan even though subordinate, pointed a finger in her face and
told her to leave the matter alone. Complainant believes Ms. Swan was able to
get away with disrespecting her because Complainant was the only White female
working in the mailroom. On March 25, 2004 Complainant emailed Mr. Haskins
reiterating her concerns and was subsequently told by Mr. Haskins ÒWhen I
see a red bull you see a red bullÓ (ROI)
On March
22, 2004 Complainant received a cash award for outstanding work performance.
But just 15 days later, from the time Complainant reported the March 24, 2004
incident to the Equal Employment Opportunity director on April 6, 2004 and
through July 19, 2004 and beyond, the Complainant experienced a documented career
first litany of
extreme harassment and hostile working conditions which included; heavy
workloads in work assignments, change of work location, change in parking location,
loss of computer privileges, loss of high level security clearance, change of
work hours, being prevented from returning to the Old Executive Office Building
to gather personal belongings, placed under surveillance by United States
Secret Service (USSS) Officers who displayed her photograph in Òroll callÓ and
around to other USSS officers - treating Complainant like a common criminal.
(ROI ComplainantÕs Affidavit & Deposition)
April 6,
2004, (Tab 11) Complainant
contacted Ms Linda Sites (White) EEO Director about her EEO concerns related to
racial disrespect due to a security violation in the workplace and being the
only White female clerk complaining. Complainant explained that she felt Mr.
Ken Hembree (White) Branch Chief would understand her issues but Ms Sites
advised Complainant that Mr. Hembree was preparing to retire and may not be
able to help her in a predominantly non-White (mailroom) environment if she
files a formal EEO complaint. Complainant felt intimidated and was uncertain about
proceeding further with her EEO concerns at that time, following Ms Sites
remarks.
On April
9, 2004 Complainant broke her toe (non-job related) and requested medical
accommodations from Mr. Haskins to park closer to the office until her toe
healed. Mr. Haskins denied her request for reasonable accommodations which
created an extreme medical hardship upon Complainant. (Tab 10)
On April
15, 2004 Complainant went back to EEO Director Ms. Sites and again discussed
filing an EEO complaint with her concerns. Ms. Sites called a hands-on meeting with five employees to
discuss Complainants concerns while encouraging the Complainant not to file a
formal complaint. Present at the meeting were Ms. Sites, Mr. Haskins, Mr.
Francisco, Ms. Benson (Indian) and Complainant. During the discussions Ms Sites
actually stated to the participants that Complainant Òwas dangerousÓ. According to ComplainantÕs
perception although unsure and needs to be explored further, Ms. Sites was
referring to the ComplainantÕs prior Union ÒShop StewardÓ activity and training
while working for the Veterans Administration and prior to working for the
OA-EOP. Nevertheless this statement supports ÒpretextÓ to all of the adverse
actions the Complainant was subject to immediately following her contact with
EEO.
Ms Sites
advised all participants that Complainant believed her work environment was
becoming very hostile and she was experiencing an onslaught of harassment and
retaliation after reporting the 3-24-04 security violation incident to EEO because
she was the only White person complaining about disrespect. Ms. Sites assigned
Ms. Shalini Benson (EEO Counselor) to counsel Complainant who later advised
Complainant the right to file a formal complaint.
On May
20, 2004 Complainant informed Ms. Benson that she definitely wanted to file a
formal EEO complaint of reprisal activity because Mr. Haskins and others were
increasing their harassment of her as never before after she complained to the
EEO Director.
June 9,
2004 the Complainant requested a ÒDesk AuditÓ via email to Mr. Haskins due to
heavy workload and seeking to prove she was being overworked and severely
stressed for filing EEO activity and that none of her co-workers were being
subject to the same treatment. (Tab 12)
Instant
Reconsideration Appeal Issue # 1
(1)
Placement of a Letter of Reprimand (LOR) into her personnel on June 16, 2004 (
See tab 21) :
ComplainantÕs
Response:
On June
9, 2004 the Complainant initiated and expressed her willingness to volunteer
and work on June 11, (Ronald Regan
day of morning) her normal shift. But when Mr. Haskins would not confirm which
shift the Complainant would work, the Complainant specifically advised Mr.
Haskins she could not work no other shift due to other commitments. Complainant
states that Mr. Haskins seemed to be taunting her and refusing to pre-assign
her to a specific shift. Complainant then told Mr. Haskins to disregard her
volunteer request and that she would not able to work on June 11 because he
could not confirm her a time to report. (Tab 13) Complainant believes that Mr.
Haskins Òset-her-upÓ so to speak and created an opportunity to officially
write-her-up for the first time in reprisal for her filing an official EEO
complaint. The AJ correctly noted
that according to Complainant , she never used the word Òspic,Ó and that the
reference to the Òlast one around Ò in fact, meant that most of her co-workers
had already left for the day. Obviously the timing of Mr. Haskins actions less
than two months after Complainant met with Mr. Haskins for the first time in an
EEO setting where she claimed harassment, depicts clear ÒpretextÓ for the
agency motive and at minimum, presents major genuine material facts in dispute
that can only be explored with an EEOC investigative hearing. EEO regulations
allow for anyone who alleges EEO activity to be protected from reprisals.
Instant
Appeal Issue #2
(2)
Her reassignment beginning July 19, 2004, from the West Wing mailroom to the
mailroom at 1800, G Street, and a change in her work hours from 10:30 a.m. -
7:00 p.m. to 9:30 a.m. - 6:00 p.m.
ComplainantÕs Response:
On July
15 , 2004, Mr. Ken Miller (Deputy Director for General Services Division) and
Mr. Haskins advised complainant of a dramatic change in hours of operation,
parking location and her workplace reassignment. When Complainant inquired why
such a drastic and sudden change was being made in her employment setting, Mr.
Haskins stated he did not have to tell her why. Obviously this response appears
to be punitive in nature. These significant workplace changes included placing
even greater hardships upon the Complainant by increasing her commuting time
(1-1/2 to 2-1/2 Hrs) to and from work, requiring her to park five blocks
further away from her original parking location, office denial of computer
privileges and transferring her to a very hostile working location with
individuals known from past experience to be disruptive to supervision.
Complainant
disagrees totally with the AJÕs assessment that others were reassigned similarly on such short notice
(one working day) and that others were treated similarly as Complainant
with respect to such changes in work hours (one working day notice) and lost of
top level security privileges (blue badge) all on the same day and without any
explanation.
Complainant
emphatically disagrees with the AJ assertion that she was not able to collect
her belongings only because she was not available on a given work day.
Complainant believes no other employees would have been prevented from
collecting their personal belongings located in the West Wing similar to what
happened to the Complainant and upon her return the following Monday July 19,
2004.
Furthermore,
and even more crucial evidence to ÒpretextÓ depicting the agency motives for disciplining
the Complainant is indicative - that no employee faced sudden severe changes in
parking while having their ID photograph posted around by the USSS uniform
division during morning Òroll callÓ. According Complainant when she returned to
work on Monday July 19, 2004 her vehicle was stopped by Uniform USSS and
detained until phone calls were made to authorize her on the parking premisses.
Complainant states that Mr. Haskins contacted Mr. Mark Frownfelter (White) -
Deputy Director for the OA Security) who walked down to the area where the
Complainant was being detained and directed the USSS to allow the Complainant
to park. He then escorted the Complainant to her new work location at 1800 G
street. On Tuesday and Wednesday July 20 & 21 respectively, ComplainantÕs
vehicle was again stopped by the Uniform USSS and delayed until phone calls
were made and Complainant was subsequently allowed parking access. (ROI) During
this same period of time Complainant was approached by Officer Barry Thomas
(July 2004) who stated Complainants picture was presented to USSS Officers
during Òroll callÓ to prevent her from entering any secure areas of the White
House facilities.
The
OA-EOP General Counsel advised the Complainant during the ÒdiscoveryÓ period
that they requested the USSS deliver the photos posted depicting Complainant
but the Agency has since refused to cooperate. This issue was obvious
progressive discipline and retaliation creating a very hostile environment
proving again genuine material facts in dispute involving managers who knew
specifically the Complainant had alleged EEO activity in a USSS venue and
reported incident. The Complainant has reported a distinct and closely
linked time-line of hostile events for the first time in her career that are
directly associated with her EEO meeting with the alleged discriminating
officials on April 15, 2004. The AgencyÕs obvious articulated
non-discriminatory reasons are ÒpretextÓ to EEO motives for discrimination,
reprisal and conducting a hostile environment in the West Wing mailroom that
must be explored in an EEOC Hearing.
Instant
Appeal Issue #3
(3)
Her three day suspension for insolent behavior on July 15, 2004 toward her
supervisors,
Again,
the AJ sided with the Agency finding that the Agency articulated legitimate,
nondiscriminatory reasons for its action; namely, in August 2004, Complainant
was suspended following a July 27, 2004 ÒNotice of Proposed SuspensionÓ.
Factually,
the ComplainantÕs working environment leading up to July 17, 2004 suspension
was totally hostile and management had followed through with every threat made
to destroy a once promising career, from the time the EEO Director informed
management that the Complainant was ÒdangerousÓ. A reasonable and prudent mind
would have to ask how is it possible that so many adverse personnel actions
could take place in a once stellar career (including an award on 3-22-04) in
such a short window of time as soon as an employee reports wrongdoing in a
ÒprotectedÓ EEO meeting. The road
to career purgatory could never be more evident. The Agency states the Complainant
acted in such a way to be severely disciplined (three day suspension) when
Complainant became only emotionally upset, weeping and crying after
having complained of workplace harassment continuously over the past three
months. In this incident the Complainant is suddenly called into an office
without any warning and literally told her career is being drastically changed
without prior evaluations and/or midterm counseling as to the good of the
service. Also see
ComplainantÕs response above.
One
might understand how an employee such as the Complainant, would literally cry
and try to seek answers to questions that management should have provided in a
non hostile environment but didnÕt. Even in the Complainants letter of apology
dated August 5, 2004 (Tab 14) she was
literally only crying out for help. The Complainant actually apologize for her
own pain and suffering when she did absolutely nothing wrong. Contrary to what
was stated in the ROI, Complainant did not shove her badge into to Mr. Haskins
face and again, the record of progressive retaliation immediately following her
reporting to EEO was obvious pretext to discrimination in this incident and
designed to harass the complainant out of her job. No insubordination or
refusal to follow any orders ever occurred. She was charged to have done wrong
by a manager who was named and involved in a recent and prior EEO meeting with
the EEO Director.
The
Complainant believes the Suspension materialized not from her behavior in the
room on July 15, 2004, but from her actions on the following Saturday (July 17,
2004) when she called Mr. Andrew Card, Chief of Staff. Mr. Card specifically
directed her and three other coworkers during a personal lunch outing shortly
after 9/11 and that he had an open door policy and expected Complainant to come
directly to him if there were ever any issues that were unresolvable. He stated
that if he could, he would help them. When Complainant called Mr. Card, Ms. Harriet
Miers (White) the deputy chief staff of to Mr. Card answered the phone. Ms.
Miers immediately recognized the Complainants voice and inquired of Complainant
if she could assist her with any issues. Complainant then proceeded to explain
to Ms. Miers specifically her EEO concerns and that she had gone through her
chain of command but retaliation was only becoming progressively worst and that
no one was talking to her about her career demise and severe changes in her
work environment.
Ms.
Miers told the Complainant that she would advise Mr. Card and further see what
she could do to find out about Complainants EEO situation. Both parties then
ended the phone conversation.
In close
to an hour later, complainant received a phone call at home from Ms. Susan
Shannon director of OA-EOP Human Resources indicating that she had received
permission from EEO Director Ms. Linda Sites to call the Complainant at
home. Ms. Shannon further told the
Complainant that she had Òstepped on toesÓ and that Complainant had Òput
employees jobs on the lineÓ. Ms. Shannon told the Complainant that not only was she
being transferred on Monday, July 19, 2004, but they were taking away her navy
blue badge (allows top security West Wing access) and giving Complainant a
green badge (lesser access and no where near the White House). Ms Shannon also
stated that Mr. Haskins could sue the Complainant for slandered for stating
that a box came into the West Wing that was not radiated and properly secured.
The fact
alone that Ms. Shannon contacted the Complainant upon a conversation
Shannon previously had with EEO Director Ms. Sites and then, discussed with the
Complainant her EEO complaint issues connecting the Complainants phone call to
Mr. Card to possible wrongdoing by calling it ÒinappropriateÓ in the same
context and further stating
ComplainantÕs liability (although denied by Shannon) in a personal lawsuit, was
preposterous and
a direct connection to ComplainantÕs July 27, 2004 Proposed Suspension for the
July 15, 2004 incident as reprisals for prior EEO protected activity. (Shannon
Affidavit - ROI Exhibit-17 PG 2, Para 1)
Furthermore
on August 12, 2004 USSS Uniformed Officer Dwayne Smith conversed with
Complainant about negative rumors in the USSS command about ComplainantÕs status.
Complainant advised Mr. Smith she was being harassed because she reported a
breech of security incident to the EEO officer and from that time management
has been out to destroy her. Mr. Smith advised the Complainant to report the
breech of security incident to Deputy Simpson an investigator for the USSS. On
August 16, 2004 Complainant called Deputy Simpson via land-line and discussed
the breech of security incident and her concerns for reprisals.
On
August 13, 2004 the Complainant received a notice of decision on the proposed
suspension in which advised the Complainant that she was being suspended for
the July 15 incident.
Again,
and obviously the close proximity to ComplainantÕs reported incidents alleging
EEO reprisals and the Agency disciplinary actions in this claim is loaded with genuine
material facts in dispute proving, the agencyÕs motion for Summary Judgment is mere pretext to
discrimination and that this claim requires a full scale EEOC investigation and
hearing process.
AJ
Refusal To Amend Claims Before the Commission,
The
Complainant again renews her motion requesting that OFO reverse the AJÕs
decision not to amend the ComplainantÕs claims before him indicating Òat
bestÓ Complainant had a Òmixed
caseÓ appeal. The Complainant has well established her effort to serve both the
Agency and the AJ via fax transmission in accordance to EEOC Regulations. (Tab
7).
Background:
Complainant
received her Proposed Removal (PR) on June 1, 2005 and prior to being assigned
an AJ from the EEOC. The Complainant contacted the EEOC call center in Kansas
City after Agency refused to accept her claim of reprisal for the Proposed
Removal. The EEOC call center assistant advised Complainant to fax Removal
papers through the EEOC call center in Kansas who routed it to the EEOC
Washington field office. (Tab 7)
On or
about June 30, 2005 AJ Schneider sent Complainant his acknowledgment order.
On July
8, 2005 Complainant received her Notice of Agency Decision officially removing her from Federal service.
On July
9, 2005 Complainant contacted AJ Schneider via the information on his
Acknowledgment Order and advised the AJ that her Agency EEO director stated she
would not process ComplainantÕs Removal papers as a reprisal claim because
Complainant was no longer a member of the OA-EOP nor a Federal employee. AJ
Schneider advised the Complainant to fax the Removal papers directly to him on
202-419-0701. (Tab 15 Fax Transmittal Confirming AJÕs Fax Number Received
the ComplainantÕs Fax)
On or
about August 8, 2005 the Complainant also faxed a copy of her Removal papers to
the Merits Systems Protection Board being uncertain of her appeal rights and
per advise of other legal assistance.
ComplainantÕs
current representative later informed the MSPB AJ that ComplainantÕs case is
based on the same ÒpretextÓ to race and reprisal discrimination claims
currently before the EEOC Commission and is not intended to be an MSPB Appeal
of duplicate claims. The MSPB agreed without any objection from the
Agency and ordered the case dismissed without prejudice because the EEOC had
first right to jurisdiction. (See MSPB Decision to dismiss)
The
Complainant comes now through it representative asking the Commission to
reconsider its initial decision dated 30 JAN 07 in this matter with the facts
and evidence now presented. The Complainant motions the Commission to reverse
its initial order that Affirmed the AJÕs decision granting Summary Judgment to
the Agency and order the Commission to conduct a full hearing on the
ComplainantÕs three original agency claims and further Order the AJ to accept
the Claimants subsequent amended claims thereby, granting the Complainant the
right to a full EEOC hearing in all claims before the Commission.
March
3, 2007
Date
Matthew
F. Fogg
Matthew
Fogg
ComplainantÕs
EEO Representative
PO Box
30956
Washington,
D.C. 20030-0956
CERTIFICATE OF MAILING
For timeliness purposes , the Complainant will presume that this decision was received within five (5) calendar days
after it was mailed.
I certify that this decision was mailed via 1st Class mail to the
following recipients on the date below:
Director, Office of Federal
Operations, EEOC
PO Box 19848
Washington, D.C. 20036
Trudy Morrison, Chief, Employment
Relations & Training
Administrative Office of the U.S.
Courts
1 Columbus Circle, Rm. 5265
Washington, D.C. 20544
Rachel L. Leonard
Assistant General Counsel
Office of Administration
Executive Office of the President
1800 G. Street, NW
Washington, D.C. 20503
PHONE: (202) 395-1270
FAX: ( 202) 456-7921
DC Attorney Number : 464055
March 3, 2007
Date
Matthew F. Fogg
Matthew Fogg
ComplainantÕs EEO Representative
PO Box 30956
Washington, D.C. 20030-0956