U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P.O. Box 77960 Washington, DC 20013 Roland T.,1 Complainant, v. Megan J. Brennan, Postmaster General, United States Postal Service (Northeast Area), Agency. Appeal No. 0120161209 Agency No. 4B-070-0053-16 DECISION On March 3, 2016, Complainant filed a timely appeal with this Commission from a final Agency decision (FAD) dated February 23, 2016, 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. BACKGROUND At the time of events giving rise to this complaint, Complainant worked as a Supervisor, Transportation Operations at the Agency's Processing & Distribution Center in Kearny, New Jersey. On February 9, 2016, Complainant filed a formal complaint alleging that the Agency discriminated against him based on his race/color (White) and national origin (Middle East) when he was continually harassed by a union official bullying him by making false allegations and bringing unfounded claims against him. In her report, the EEO counselor wrote that Complainant said that while on every occasion the Agency Human Relations Manager and Labor Relations Manager find the union official's allegations to be unfounded, they still entertain them and he wants them to take action to make it stop. The Agency dismissed the complaint for failure to state a claim. 29 C.F.R. § 1614.107(a). It reasoned in part that the National Labor Relations Board administers the National Labor Relations Act which forbids employers from interfering with employees from working together to improve the terms and conditions of their employment. On appeal, Complainant reiterates his claims. In opposition to the appeal, the Agency asks that the FAD be affirmed. ANALYSIS AND FINDINGS In Gavin v. Department of Health and Human Services, EEOC Appeal No. 01955161 (Oct. 15, 1996), a supervisor filed an equal employment opportunity (EEO) complaint alleging discrimination when he was notified by an EEO investigator without prior notice that he was a named official in an EEO complaint, and the investigator denied him access to the allegations against him. In affirming the agency's dismissal of the complaint for failure to state a claim, the Office of Federal Operations found that the complainant in effect was challenging how the agency investigates another individual's complaint. We found that allowing such a claim would have a chilling effect on the filing of EEO complaints by aggrieved individuals. While not directly on point, we find Gavin is analogous to the situation here. Complainant's claim is that a union official, while acting in the capacity thereof, is harassing him by repeatedly bringing unfounded claims and false accusations against him, and he asks that the Agency take steps to stop this. Allowing Complainant's complaint to go forward would have a chilling effect on the exercise of the union official's right, in his capacity as a union official, to bring claims, and the Agency has an obligation to look into the allegations. We find that Complainant's complaint fails to state a claim. The FAD is AFFIRMED. STATEMENT OF RIGHTS - ON APPEAL RECONSIDERATION (M0416) 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 Chap. 9 § VII.B (Aug. 5, 2015). All requests and arguments must be submitted to the Director, Office of Federal Operations, Equal Employment Opportunity Commission. The requests may be submitted via regular mail to P.O. Box 77960, Washington, DC 20013, or by certified mail to 131 M Street, NE, Washington, DC 20507. 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 (Z0815) If you want to file a civil action but cannot pay the fees, costs, or security to do so, you may request permission from the court to proceed with the civil action without paying these fees or costs. Similarly, if you cannot afford an attorney to represent you in the civil action, you may request the court to appoint an attorney for you. You must submit the requests for waiver of court costs or appointment of an attorney directly to the court, not the Commission. The court has the sole discretion to grant or deny these types of requests. Such requests do not alter the time limits for filing a civil action (please read the paragraph titled Complainant's Right to File a Civil Action for the specific time limits). FOR THE COMMISSION: ______________________________ Carlton M. Hadden's signature Carlton M. Hadden, Director Office of Federal Operations January 5, 2017 __________________ Date 1 This case has been randomly assigned a pseudonym which will replace Complainant's name when the decision is published to non-parties and the Commission's website. --------------- ------------------------------------------------------------ --------------- ------------------------------------------------------------ 2 0120161209 2 0120161209