Mark W. Shirey, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency. Appeal No. 01A60862 Agency No. 4E-680-0077-05 DECISION The complainant filed a timely appeal with this Commission from the agency's decision dated October 7, 2005, 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. The complainant claimed that that he was subjected to discrimination on the basis of race (white) when (1) on May 17, 2005, he was given a discussion and asked to leave the station manager's office, and (2) on May 18, 2005, he voluntarily resigned. The first claim regarded an official discussion to follow the instructions of all supervisors, not just ones in the complainant's chain of command. The station manager ended the discussion by telling the complainant to leave and have a nice day, which was clarified to him to mean leave the station manager's office and return to work. The station manager stood close to the complainant when saying this. This Commission has consistently held that official discussions alone do not render an employee aggrieved. See Miranda v. United States Postal Service, EEOC Request No. 05920308 (June 11, 1992); Devine v. United States Postal Service, EEOC Request Nos. 05910268, 05910269 and 05910270 (April 4, 1991). In the present case, we find no claim by complainant that the discussion was recorded in any personnel or supervisory files, nor that it can be used as a basis for any subsequent disciplinary action. See Divine, supra. Upon review, the Commission finds that claim 1 was properly dismissed pursuant to 29 C.F.R. § 1614.107(a)(1) for failure to state a claim. Asking the complainant to leave the office and standing close to him when doing so also fails to state a claim. See Diaz v. Department of the Air Force, EEOC Request No. 05931049 (April 21, 1994). The complainant also claims that the matter in claim 1 prompted him to resign earlier than planned. He was planning to resign in 2007 to peruse his own business on a full-time basis. As the matter in claim 1 fails to state a claim, the decision to resign also fails to state a claim. Accordingly, the agency's final decision dismissing complainant's complaint 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 April 19, 2006 __________________ Date