DECISION OF THE BOARD OF DIRECTORS
This case is before the Board of Directors (“Board”) pursuant to a petition for review filed by Steven Patterson (“Patterson” or “Appellant”), an employee of the Office of the Architect of the Capitol (“AOC” or “Appellee”). Patterson seeks review of the Hearing Officer’s decision granting AOC’s motion for summary judgment pursuant to Section 5.03(d) of the Procedural Rules of the Office of Compliance (“OOC”).
I. Background
Steven Patterson (“Patterson” or “Appellant”) is employed by the Office of the Architect of the Capitol as a Woodcrafter at the Senate Office Building. In September 2006, Patterson applied for a vacant non-supervisory position in the Wood Crafting Division at the AOC. After he was advised that he had not been selected for the position, Patterson filed numerous written grievances with supervisors and managers at various levels of the AOC hierarchy including, ultimately, the Acting Architect. In each of the grievances, Patterson alleged that he had been denied full consideration for the vacant position because the AOC had disregarded certain applicable procedural rules in the selection process. In addition, Patterson orally complained to his supervisor that the selection process could be used in the future to discriminate against people in protected classes.
On April 6, 2007, Patterson filed a request for counseling with the Office of Compliance (“OOC”) 1. Subsequently, on May 18, 2007, the Acting Architect issued a final decision denying Patterson’s formal grievance appeal. 2 On May 21, 2007, the OOC referred Patterson back to the AOC’s internal process for potential resolution of his claim. Patterson thereafter contacted the AOC Equal Employment Opportunity and Conciliation Programs division (“EEO/CP”) to request participation in the procedures in that office. By letter dated July 17, 2007, the AOC advised Patterson that he could not avail himself of the EEO/CP process because an AOC Order provides that employees may elect to seek resolution of a matter under either the AOC grievance process or the EEO/CP procedures, but not both. As Patterson had already pursued his complaint through the AOC grievance process, AOC policy precluded his use of the EEO/CP process. Patterson thereafter returned to the OOC process and, on September 26, 2007, the OOC issued a notice designating the end of the counseling period in Patterson I. On October 11, Patterson filed a request for mediation.
