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.