§ 747.2 Filing complaints.

(a) Right to file. The right to file complaints without restraint, interference, coercion or reprisal is recognized.

(b) Who may file. Any postal employee or qualified applicant for postal employment who believes he has been discriminated against because of race, color, religion, sex, or national origin may file a complaint. The complaint may be submitted by an authorized representative of the complainant and such authorization must be in writing. Organizations may file complaints of general discrimination unrelated to a specific complaint under the regulations in this part. (See § 747.5.)

(c) Where to file. Complaints may be filed with the Deputy Equal Employment Opportunity Officer, with the Equal Employment Opportunity Officer, with the Civil Service Commission.

or

(d) When to file. Complaints must be submitted in writing by the complainant or his representative within 30 calendar days of the date of the action giving rise to the complaint or, if a personnel action, within 30 calendar days of its effective date, except that a complaint made in connection with an adverse action covered by section 746 and Appendix A of Chapter 7 of the Postal Manual shall be submitted in writing by the complainant or his representative not later than 15 calendar days after the adverse action has been effected.

(1) The Equal Employment Opportunity Officer or the Deputy Equal Employment Opportunity Officer shall extend the prescribed time limit for good cause shown by the complainant.

(2) A complaint concerned with a continuing discriminatory employment practice may be filed at any time.

(e) What to file. The complainant must file a written complaint, in duplicate, and must sign the complaint. This letter of complaint must contain the following information:

(1) Name and address of complainant. (2) Position and/or PFS level.

(3) Specific action or situation complained of.

(4) Date of the alleged act of discrimination.

(5) Name and title of official responsible for the alleged act of discrimination.

(6) Type of discrimination that is alleged (specify whether race, color, religion, sex, or national origin).

(7) Brief statement of the facts which

support complaint, or reasons the complainant has for believing discrimination exists.

§ 747.3

Presentation of complaint.

(a) Complainant. In presenting a complaint, the complainant shall be free from restraint, interference, coercion, discrimination, or reprisal and shall have the right to be accompanied, represented, and advised by a representative of his own choosing. If the complainant is a postal employee, he shall be on-the-clock while presenting his complaint, if he is otherwise in an active duty status. If the complainant is a postal employee and he designates another postal employee as his representative, the representative shall be free from restraint, interference, coercion, discrimination, or reprisal, and shall be on-the-clock while presenting the complaint, if he is otherwise in an active duty status.

(b) Investigation—(1) Assignment of investigator. The Equal Employment Opportunity Officer or the Deputy Equal Employment Opportunity Officer shall immediately assign a specially selected and trained hearing officer-investigator to conduct the investigation of the complaint.

(2) Scope of investigation. The investigation shall include a thorough review of the circumstances under which the alleged discrimination occurred, the treatment of members of the complainant's group identified by his complaint as compared with the treatment of other employees in the organizational segment in which the alleged discrimination occurred, and any policies and practices related to the work situation which may constitute, or appear to constitute, discrimination even though they have not been expressly cited by the complainant. On completion of the investigation, the investigator shall submit the whole investigative file to the Deputy Equal Employment Opportunity Officer.

(3) Investigative report. The Deputy Equal Employment Opportunity Officer shall furnish management and the complainant and/or his representative a written summary which shall contain all the information in the investigation related to the resolution of the complaint.

§ 747.4 Settlements.

(a) Informal settlement. (1) Within 10 calendar days after receipt of the investigative report by the Deputy Equal

Employment Opportunity Officer, he or his designee shall personally conduct an interview with the complainant and the installation head for the purpose of attempting an informal settlement. Informal settlements effected by a designee shall be totally binding on the Deputy Equal Employment Opportunity Officer. Hearing Officer-Investigators shall not be designated to conduct informal settlement interviews. The complainant and the installation head shall be provided a written summary of the investigation at least 5 calendar days prior to the interview.

(2) When an equal employment opportunity complaint is settled informally, the agreed upon settlement shall be reduced to writing, which shall include a statement that the complainant shall not be afforded the right to an oral hearing or further appeal, and shall be signed by the complainant and the Deputy Equal Employment Opportunity Officer or his designee. The Deputy Equal Employment Opportunity Officer will close out the case with a disposition report to the Equal Employment Opportunity Officer.

(3) When a complainant submits a written withdrawal of his complaint, the Deputy Equal Employment Opportunity Officer will close out the case with a disposition report to the Equal Employment Opportunity Officer.

(b) Notification of right to an oral hearing. (1) When the complaint is not settled informally, the complainant, at the time the attempt at informal settlement is made, shall be advised, in writing, that he may request an oral hearing, provided such request is submitted within ten (10) days from that date. The letter should set forth any stipulations agreed to during informal settlement and advise the complainant that if no hearing is requested, the complaint will be forwarded to the Equal Employment Opportunity Officer for a final decision. The complainant shall also be advised that the hearing officer who conducts the oral hearing shall not be the same officer who made the investigation in his case.

(c) When a hearing is requested—(1) Scheduling hearing. When a hearing is requested, the Equal Employment Opportunity Officer or the Deputy Equal Employment Opportunity Officer shall schedule a hearing at a convenient time and place, and notify all parties concerned.

(2) Assignment of hearing officer. The Equal Employment Opportunity Officer or the Deputy Equal Employment Opportunity Officer shall assign a specially selected and trained hearing officer to conduct the hearing.

(3) Witnesses at the hearing. The installation head shall produce any witnesses under his jurisdiction upon a showing satisfactory to the hearing officer of reasonable necessity therefor. Reasons for the denial of the appearance of employees as witnesses shall be documented in the record of the complaint. Any request for the attendance of necessary witnesses by the complainant shall be made in writing at least 10 days prior to the date of the hearing. Parties to the hearing shall have the right of confrontation and cross-examination as may be necessary to a development of the facts.

(4) Prehearing conference. Prior to the hearing, the hearing officer shall conduct a prehearing conference throughout which only the complainant and/or his representative, and management and/or his representative shall be present. At this conference the parties concerned shall have the opportunity to examine the complete complaint file which shall not contain any documents that have not been made available to the complainant. The hearing officer will determine the total scope of the hearing.

(5) Conduct of hearing. The hearing officer shall conduct the hearing so as to bring out pertinent facts, including the production of related documents and necessary witnesses. Strict rules of evidence shall not be applied, but the hearing officer shall exclude irrelevant or unduly repetitious evidence. Information having a bearing on the complaint or employment policies or practices relevant to the complaint shall be received in evidence. All testimony at the hearing shall be given under oath or affirmation, and all witnesses shall be free from restraint, interference, coercion, discrimination, or reprisal. Witnesses who are postal employees shall be rescheduled, if necessary, so as to be on-the-clock for the time they are to appear at the hearing.

(6) Record of hearing. The hearing shall be recorded and the complainant and/or his representative shall be given the opportunity to listen to the recording at the regional office. If a written transcript of the recording is desired, the

complainant will be obliged to pay the cost. Under no circumstances will the recording discs be turned over to the complainant or to management officials. If complainant wishes to make a reproduction of an official recording discs be turned over to the complainant or to management officials. If complainant wishes to make a reproduction of an official recording of a hearing by using a tape recorder or other recording device, he may do so at his own expense. Such reproductions may be made only at points when the official recording is in authorized postal custody and supervision. Reproductions, whether transcripts or recorded reproductions, are not official records. If a verbatim transcript is not requested, a full summary of the testimony shall be made by the hearing officer. The Deputy Equal Employment Opportunity Officer shall furnish the parties a copy of the summary. If either party does not agree with the summary, he may note and sign his exceptions which will become a part of the summary, provided they are submitted within five (5) days from receipt of the summary. The hearing officer shall make his findings and recommendations on the basis of the record before him and submit his findings and recommendations to the Deputy Equal Employment Opportunity Officer. The Deputy Equal Employment Opportunity Officer shall take any corrective action he deems necessary at any time during the processing of the discrimination complaint. The Deputy Equal Employment Opportunity Officer shall forward the complete complaint file and disposition report with his comments and recommendations to the Equal Employment Opportunity Officer, who will render the decision based on the total record.

(d) When no hearing is requested. If the complainant fails to request a hearing within 10 days after receipt of the notification of right to an oral hearing, the Deputy Equal Employment Opportunity Officer shall submit the complete complaint file and disposition report, with his comments and recommendations, to the Equal Employment Opportunity Officer, who will render the decision based on the total record.

(e) Delay on part of complainant. 15 days to furnish requested information When the complainant fails to appear without good cause shown or fails within or to otherwise process his complaint, the case may be closed.

(f) Decision and appeal—(1) By Equal Employment Opportunity Officer. The Equal Employment Opportunity Officer will make the final decision for the Department and notify the complainant and the Deputy Equal Employment Opportunity Officer. The letter of decision shall contain a concise and accurate summary of the facts relied on in reaching the decision. The Equal Employment Opportunity Officer in rendering his written decision on the complaint, shall advise the complainant that if he is not satisfied with the decision, it may be appealed to the Board of Appeals and Review, U.S. Civil Service Commission, Washington, D.C. 20415. If the complainant elects to appeal, the appeal must be submitted in writing within 15 days from receipt of the Equal Employment Opportunity Officer's decision, unless the Civil Service Commission waives this time limitation for good cause shown. When it is determined by the Deputy

(2) Complaint rejected or canceled. Equal Employment Opportunity Officer that the complaint should be rejected because (i) it was not timely filled, or (ii) it was not within the purview of the Department's regulations; or to cancel the complaint (iii) because of the complainant's failure to prosecute the complaint, or (iv) because of the complainant's voluntary separation which is not related to his complaint, the complaint shall be forwarded immediately to the Equal Employment Opportunity Officer for his determination as to whether the complaint will be processed.

(3) Decision to close complaint. If it is decided to close the complaint, the Equal Employment Opportunity Officer will render the decision and advise the complainant of his right to appeal the decision to the Civil Service Commission. If the decision of the Equal Employment Opportunity Officer is other than rejection or cancellation, the complaint shall be remanded to the Deputy Equal Employment Opportunity Officer to be adjudicated in accordance with existing procedures.

(g) Time limitation for processing complaints. Within 60 days from receipt of a complaint by the Deputy Equal Employment Opportunity Officer, and when no hearing is held, the complaint shall be processed and the disposition report shall be submitted to the Civil Service Commission as required by paragraph (h) of this section. When the complainant requests a hearing, the complaint

shall be processed within 90 days. When a complaint has not been resolved within these time limitations, the complainant may appeal to the Civil Service Commission for a review of the reasons for the delay in the processing of his complaint.

(h) Report of disposition of complaint (1) By the Equal Employment Opportunity Officer. Within 10 calendar days of the close of a complaint, the Equal Employment Opportunity Officer shall report to the Director, Bureau of Inspections, U.S. Civil Service Commission, Washington, D.C. 20415, the disposition of the complaint, whether the complaint was closed because of a rejection or cancellation of the complaint, or a decision on the merits of the complaint. For each closed complaint there shall be submitted a separate report, consisting of the following information:

(i) Name of the complainant (in the event of a group appeal, the name of one complainant selected to identify the group).

(ii) Title and grade of complainant's position or of the complainant's position selected to identify the group.

(iii) Date on which the complaint was received.

(iv) A description of the action, decision. or condition giving rise to the complaint.

(v) Nature of the complaint (kind of discrimination alleged).

(vi) Name and location of the employing activity.

(vii) Nature of the closing action (including the reason for any rejection or cancellation) and a description of any corrective action resulting from the complaint.

(viii) Date of the closing action.

(ix) Name and title of the official taking the closing action.

(x) A statement as to whether or not the complainant has appealed the closing action to the Commission, when known.

(xi) As attachments to the report, a copy of the complaint, a description of any additional allegations of discrimination made during the investigation or hearing, a copy of the agency's notice of final action on the complaint.

(2) By the Deputy Equal Employment Opportunity Officer. The Deputy Equal Employment Opportunity Officer shall submit a disposition report on all cases, in duplicate, to the Equal Employment Opportunity Officer. For each closed complaint, a separate report shall be submitted, in duplicate, in the format

outlined in subparagraph (1) of this paragraph.

(i) Retention of regional complaint file. After the Deputy Equal Employment Opportunity Officer has submitted his disposition report to the Equal Employment Opportunity Officer, the regional office retention file of the case shall be returned to the control clerk in the office of the Director, Industrial Relations Division.

§ 747.5 Organization or third party complaints.

(a) Definition. A complaint of general discrimination based on race, color, religion, sex, or national origin, filed by an individual, a group of individuals, or any organization, whether or not connected with the Department shall be accepted as a third party complaint. Third party complaints of discrimination are not to be related to a specific complaint. General allegations of discrimination which are related to a specific complaint, or allegations pertaining to the environment out of which the specific complaint arose, shall be processed as outlined in §§ 747.1 through 747.4(i).

(b) Receipt and acceptance. When a complaint of the nature described in this section is received by the Deputy Equal Employment Opportunity Officer, it shall immediately be forwarded to the Equal Employment Opportunity Officer for his determination as to how it shall be handled.

(c) Disposition by Deputy Equal Employment Opportunity Officer. When the complaint is remanded to the Deputy Equal Employment Opportunity Officer, he shall immediately initiate an investigation. After the investigation, the Deputy Equal Employment Opportunity Officer shall attempt to settle the complaint informally. When the complaint is settled informally, the procedures provided in § 747.4(a) (2) shall be followed. When the complaint is not settled informally, no hearing will be held. The Deputy Equal Employment Opportunity Officer will forward the complete file, along with his comments and recommendations, to the Equal Employment Opportunity Officer.

(d) Decision of the Equal Employment Opportunity Officer. Based on the total record, the Equal Employment Opportunity Officer shall render a written decision, which shall be final and from which there is no further appeal.

(e) Retention of regional complaint

file. After the Deputy Equal Employment Opportunity Officer has submitted his disposition report to the Equal Employment Opportunity Officer, the regional office retention file of the case shall be returned to the control clerk in the office of the Director, Industrial Relations Division.

§ 747.6 Equal employment opportunity complaints in conjunction with adverse action appeals filed with the Civil Service Commission.

(a) Processing by the Department. When an appellant alleges discrimination due to race, color, religion, sex or national origin in his adverse action appeal to the Civil Service Commission's Regional Office, Regional Directors in

Sec.

PART 811-RESPONSIBILITY

DISTRIBUTION

(a) All responsibilities and authorities for performance of the work of the Post Office Department are vested by law in the Postmaster General, who may redelegate them to subordinate officers. The Postmaster General operates by delegation, as provided in this part, except as to any matters which he may generally or specifically reserve for his personal decision, notwithstanding formal delegations.

(b) The Deputy Postmaster General functions as full alternate to the Postmaster General with full authority to act in his stead on all matters.

(c) During any period when, by reason of absence, disability, or vacancy in office, neither the Postmaster General nor the Deputy Postmaster General is available to exercise the powers or perform the duties of the office of Post

General,

(6) General Counsel. (7) Assistant Postmaster Bureau of Research and Engineering. § 811.2 Bureaus and offices.

(a) The Postmaster General and the Deputy Postmaster General are assisted in the performance of their duties by six Assistant Postmasters General, the General Counsel, and the Chief Postal Inspector, who are assigned to Department Headquarters. Functions of these officers, each within the area of his assigned responsibility, relate mainly to:

(1) Program planning, direction, and review.

(2) Establishment of policies, procedures, and standards, and other guidelines.