05a00548
11-21-2000
Andre Brown v. United States Postal Service
05A00548
November 21, 2000
.
Andre Brown,
Complainant,
v.
William J. Henderson,
Postmaster General,
United States Postal Service
(Great Lakes Area),
Agency.
Request No. 05A00548
Appeal No. 01A00281
Agency No. 4J-460-0112-99
DENIAL OF REQUEST FOR RECONSIDERATION
Complainant initiated a request to the Equal Employment Opportunity
Commission (EEOC or Commission) to reconsider the decision in Andre Brown
v. United States Postal Service, EEOC Appeal No. 01A00281 (February
18, 2000).<1> EEOC Regulations provide that the Commission may, in
its discretion, reconsider any previous Commission decision where the
requesting party demonstrates that: (1) the appellate decision involved
a clearly erroneous interpretation of material fact or law; or (2)
the appellate decision will have a substantial impact on the policies,
practices, or operations of the agency. See 29 C.F.R. � 1614.405(b).
On May 27, 1999, complainant filed a formal complaint alleging
discrimination on the basis of physical disability (decompression of
elbow), when: (1) on May 15, 1998, his CA-7 and Form 3971 were not
processed; and (2) on April 15, 1999, his grievance was not resolved
at Step 2. On September 2, 1999, the agency issued a final decision
dismissing complainant's first claim for failure to make timely contact
with an EEO Counselor, and dismissing the second claim for failure to
state a claim.
The prior decision found that complainant contacted an EEO Counselor
on the subject complaint on April 15, 1999, significantly more than
45 days from June 26, 1998, when he learned of the leave discrepancy.
Furthermore, the prior decision found that complainant's second claim
represented a collateral attack on the grievance process, since he
claimed discrimination regarding the outcome of his grievance.
After a review of the complainant's request for reconsideration, the
previous decision, and the entire record, the Commission finds that
the request fails to meet the criteria of 29 C.F.R. � 1614.405(b),
and it is the decision of the Commission to deny the request.
Complainant's request concerns only the merits of his leave dispute,
and neither addresses the prior decision's findings that complainant
failed to timely contact an EEO Counselor, nor establishes how he was
aggrieved pursuant to our regulations when his grievance was not resolved.
Complainant failed to establish how the prior decision involved a clearly
erroneous interpretation of material law or fact. The decision in EEOC
Appeal No. 01A00281 remains the Commission's final decision. There is no
further right of administrative appeal on the decision of the Commission
on this request for reconsideration.
COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (P0900)
This decision of the Commission is final, and there is no further right
of administrative appeal from the Commission's decision. You have the
right to file a civil action in an appropriate United States District
Court within ninety (90) calendar days from the date that you receive
this decision. If you file a civil action, you must name as the defendant
in the complaint the person who is the official agency head or department
head, identifying that person by his or her full name and official title.
Failure to do so may result in the dismissal of your case in court.
"Agency" or "department" means the national organization, and not the
local office, facility or department in which you work.
RIGHT TO REQUEST COUNSEL (Z1199)
If you decide to file a civil action, and if you do not have or cannot
afford the services of an attorney, you may request that the Court appoint
an attorney to represent you and that the Court permit you to file the
action without payment of fees, costs, or other security. See Title VII
of the Civil Rights Act of 1964, as amended, 42 U.S.C. � 2000e et seq.;
the Rehabilitation Act of 1973, as amended, 29 U.S.C. �� 791, 794(c).
The grant or denial of the request is within the sole discretion of
the Court. Filing a request for an attorney does not extend your time
in which to
file a civil action. Both the request and the civil action must be
filed within the time limits as stated in the paragraph above ("Right
to File A Civil Action").
FOR THE COMMISSION:
______________________________
Carlton M. Hadden, Director
Office of Federal Operations
November 21, 2000
__________________
Date
1On November 9, 1999, revised regulations governing the EEOC's federal
sector complaint process went into effect. These regulations apply
to all federal sector EEO complaints pending at any stage in the
administrative process. Consequently, the Commission will apply
the revised regulations found at 29 C.F.R. Part 1614 in deciding the
present appeal. The regulations, as amended, may also be found at the
Commission's website at www.eeoc.gov.