Bradlee R. Gressett, Complainant,v.William J. Henderson, Postmaster General, United States Postal Service, Agency.

Equal Employment Opportunity CommissionJan 4, 2001
05a01036_05a01052 (E.E.O.C. Jan. 4, 2001)

05a01036_05a01052

01-04-2001

Bradlee R. Gressett, Complainant, v. William J. Henderson, Postmaster General, United States Postal Service, Agency.


Bradlee R. Gressett v. United States Postal Service

05A01036, 05A01052

01-04-01

.

Bradlee R. Gressett,

Complainant,

v.

William J. Henderson,

Postmaster General,

United States Postal Service,

Agency.

Request Nos. 05A01036,

05A01052

Appeal Nos. 01A03304,

01A03305

Agency Nos. 4G-770-0025-00,

4G-770-0024-00

DENIAL OF REQUEST FOR RECONSIDERATION

The complainant initiated requests to the Equal Employment Opportunity

Commission (EEOC or Commission) to reconsider the decisions in Bradlee

R. Gressett v. U.S. Postal Service, EEOC Appeal No. 01A03304 (June

26, 2000) and Bradlee R. Gressett v. U.S. Postal Service, EEOC Appeal

No. 01A03305 (June 26, 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).

The previous decisions each separately affirmed the agency's dismissal

of complainant's two complaints for failure to state a claim, in that

he had failed to show that he was an employee who had suffered a harm

or loss to a term, condition, or privilege of his employment for which

there is a remedy. Complainant's statements in support of his Requests

for Reconsideration argued that the Commission erred when it did not

consolidate his appeals and consider whether, as consolidated, the

complaints would state a claim for harassment. He argued that the cases

should have been consolidated with each other, as well as consolidated

with �other cases which are still open and like or related to these

two.�

We first find that, even had complainant's two complaints been

consolidated on appeal, complainant would still have failed to state a

claim of harassment. We also find that there are presently no other open

cases of the complainant's before the Commission with which these two

cases could be consolidated, and which would have enabled him to state

a claim of harassment. Complainant fails to provide any information

that would lead the Commission to order the agency to consolidate these

cases with any other EEO complaints that presently might be open at the

agency level. Consequently, we find that the complainant has failed to

show that the Commission was clearly erroneous in its previous decisions.

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. The decisions

in EEOC Appeal Nos. 01A03304, and 01A03305 remain the Commission's

final decisions. There is no further right of administrative appeal on

the decision of the Commission on this request for reconsideration.

STATEMENT OF RIGHTS

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

__01-04-01________________

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.