DECISION OF THE BOARD OF DIRECTORS
Appellant, Charles A. Hughes, III (Hughes), appeals from the decision of the Hearing Officer dismissing his complaint for failure to comply with the time requirements of section 402(a) of the Congressional Accountability Act (CAA or Act), 2 U.S.C. § 1402(a). The Board concludes that Hughes failed to comply with the time limits in the Act and that the Hearing Officer did not abuse her discretion when she denied him equitable tolling of those time limits. The Board thus affirms the judgment of the Hearing Officer.
I. a.
According to Hughes, the facts are as follows: Hughes worked for almost 28 years in the Senate Services Department, a print shop/bindery, within the Office of the Senate Sergeant at Arms (SSA). Sworn Statement of Charles A. Hughes (April 21, 1999) (Statement) at ¶ ¶ 2, 3. Hughes alleges that, on several occasions, he complained to SSA management, human resources personnel, and congressional offices about his Department’s mismanagement, illegal acts, and unsafe working conditions, including violations of the OSHAct, as made applicable by the CAA. Transcript (tr.) at 20-21, 27, 50, 51; Statement at ¶ 3. As a result, he asserts, on October 2, 1997, he was suspended without cause; on October 20, 1997, he was removed from his job as night shift supervisor and isolated in a day job without duties; and on November 12, 1997, he was officially notified that he would be terminated, effective December 19, 1997, and therefore took retirement. Statement at ¶ 3.
Hughes acknowledges that he had a general familiarity with the CAA and the Office of Compliance (Office). He had received a memorandum about the CAA in 1995 and had been mailed brochures about the Office. He saved some of these materials in case he needed them, but 2 did not read them in detail. Tr. at 46-47; Statement at ¶ 4. In addition, Hughes had experience in filing workplace grievances through other channels. Tr. at 27, 50-52, 57-58. Hughes had taken seminars in labor and employment law provided for SSA supervisors, tr. at 54, but he had declined to attend a seminar on the CAA because it was scheduled outside of his normal work hours, tr. at 45.
