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COLEMAN v. RUNYON

September 20, 1995

CHARLES A. COLEMAN, Plaintiff, against MARVIN T. RUNYON, Postmaster, UNITED STATES POSTAL SERVICE, Defendant.


The opinion of the court was delivered by: WHITMAN KNAPP

 WHITMAN KNAPP, SENIOR D.J.

 SO ORDERED.

 This action, brought under Title VII, 42 U.S.C. § 2000e-5, and Section 7(b) of the Age Discrimination in Employment Act, 29 U.S.C. § 7(b), alleges that defendant discriminated against plaintiff on the basis of his race, ethnic origin, age and because he had previously filed several complaints with the Equal Employment Opportunity Office of the U.S. Postal Service (hereinafter the "EEO"). Defendant now moves for summary judgment, and, for reasons which follow, we grant his motion.

 BACKGROUND

 Plaintiff, a black male, is currently 61 years old. He has been employed by the United States Postal Service (hereinafter "the Postal Service") since 1962. Plaintiff has in recent years filed several complaints with the EEO regarding his position. During the time at issue in this action, plaintiff worked the graveyard shift as an electrical technician in the Postal Service's James A. Farley Center (hereinafter "JAF"). Plaintiff is still working in the same position.

 The complaint alleges that on September 13, 1991, Waldemar Roebuck, plaintiff's Acting Tour Supervisor, sent him a note stating that he was scheduled to attend a one week course at the Postal Service's Technical Training Center (hereinafter "TTC"), located in Norman, Oklahoma, starting sometime that December. Complaint at 4. Plaintiff sometime later learned that the course would commence on January 22, 1992. Id.

 Starting in November 1991 plaintiff applied to take leave from work during what plaintiff refers to as "batch 0." Id. at 3. Plaintiff was told on December 10, 1991 that his request was denied because he then had an insufficient balance of leave time. Id. Sometime thereafter plaintiff submitted a request for leave during "batch one." Id. at 3-4. On December 19, 1991 he was told by his immediate supervisor, Jerome Phifer, that this vacation bid was denied because Phifer believed that it was an attempt to avoid attending the TTC class which plaintiff had been scheduled to attend. Id. Plaintiff then asked to be assigned to different classes, but was told that he was ineligible for these. Id.

 The complaint further alleges that on January 11, 1992, plaintiff was given a work schedule which required him to perform "204B" work at the JAF between January 10 and January 24, 1992. Id. On January 18, 1992, Phifer and Roebuck informed plaintiff that he was no longer assigned "204B" duties. Id. Plaintiff reported to work before midnight on January 20. Later that night, Phifer informed plaintiff that he was supposed to be travelling to his class at the TTC and told him that he would be taken "off the clock." Id. Plaintiff then filed a grievance with his shop steward and punched out at 2:50 a.m. Id.

 Plaintiff went back to work the next night at 11:15 p.m. Id. at 5. He was told that he would not be allowed to work and was asked to see Roebuck. Id. Roebuck refused to meet with plaintiff and later arranged to have him escorted out of the JAF by Postal Police officers. Id. Plaintiff then contacted the TTC and was told that if he reported by January 23 he would be accepted into the class. Id. Plaintiff asserts that he completed the course. Id. The complaint then states the following:

 
After I returned to JAF I received a check for one week pay only, two days AWOL charges and later a seven day suspension.

 Id.

 Defendant has submitted the declarations of Roebuck and Phifer, as well as a number of documents in support of his motion for summary judgment. Defendant has submitted a memorandum to plaintiff from JAF plant manager Joseph P. Sala dated December 3, 1991, which states in pertinent part:

 
Please be advised that your duty station as of January 22, 1992 until January 30, 1992 will be at the Main Technical Training Center in Norman, OK as indicated by the PS Form 1782 and Automated Enrollment System orders sent to you by the Maintenance Improvement Officer, Wayne Griffith. Failure to ...

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