DECISION
Before the Board of Directors: Susan S. Robfogel, Chair; Barbara L. Camens, Alan V. Friedman, Roberta L. Holzwarth, and Barbara Childs Wallace, Members.
This matter comes again before the Board pursuant to the Congressional Accountability Act of 1995 (“Act”or “CAA”), as the result of the Complainant’s appeal of the Hearing Officer’s November 22, 2004 “Order Denying Motion to Recuse and Dismissing the Complaint with Prejudice.” The Hearing Officer’s dismissal of this administrative Complaint was premised upon the application of principles of collateral estoppel.
Complainant Gloria Halcomb was dismissed by Gallery Director Larry Janezich from her position as a Media Relations Coordinator in the United States Senate Radio and TV Gallery after sixteen years of employment. Thereafter Complainant filed twin claims of discrimination alleging race discrimination, hostile work environment, and retaliation for actions protected by the Congressional Accountability Act of 1995 (“Act” or “CAA”). One claim named the Office of the United States Senate Sergeant at Arms as the employing office, and the other claim named “the Association Executive Board of the Committee of Correspondents Radio and Television Gallery of the U.S. Senate” as the employing office. In her pleadings in both matters, Complainant generally asserted that the two were joint employers or that one served as the agent of the other.
This appeal concerns the dismissal of Complainant’s case against the Association and Board. Previously, Complainant’s other claim against the Senate Sergeant at Arms was dismissed after a full hearing on the merits. This Board recently sustained the Hearing Officer’s dismissal of Halcomb v The Office of the U.S. Senate Sergeant at Arms, Case No. 03-SN-29.
Pursuant to section 406(c) of the Act, 2 U.S.C. 1406(c),
The Board shall set aside a decision of the hearing officer if the Board determines that the decision was –
- arbitrary, capricious, an abuse of discretion, or otherwise not consistent with law;
- not made consistent with required procedures; or
- unsupported by substantial evidence.
