Complainantv.Patrick R. Donahoe, Postmaster General, United States Postal Service (Southeast Area), Agency.

Equal Employment Opportunity CommissionApr 1, 2014
0520140038 (E.E.O.C. Apr. 1, 2014)

0520140038

04-01-2014

Complainant v. Patrick R. Donahoe, Postmaster General, United States Postal Service (Southeast Area), Agency.


Complainant

v.

Patrick R. Donahoe,

Postmaster General,

United States Postal Service

(Southeast Area),

Agency.

Request No. 0520140038

Appeal No. 0120132102

Agency No. 4G-780-0077-12

DENIAL

Complainant timely requested that the Commission reconsider its decision in EEOC Appeal No. 0120132102 (September 6, 2013). EEOC regulations provide that the Commission may, in its discretion, grant a request to 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(c). For the following reasons, Complainant's request is DENIED.

This matter initially came before the Commission when Complainant appealed the Agency's final agency decision dismissing his complaint for raising the same claim filed in earlier complaints. On appeal, the Commission affirmed the Agency's dismissal. In so doing, the Commission noted that the underlying complaint, which regards Complainant's June 2008 termination from the Agency, was Complainant's fourth time filing an EEO complaint in which he complained about being removed from the Agency.

In his request for reconsideration, Complainant argues that the Commission should review the circumstances surrounding his termination as well as order the Agency to return him to his position.1 Those arguments, however, have been already considered by the Commission.

Complainant is reminded that a "request for reconsideration is not a second appeal to the Commission." Equal Employment Opportunity Management Directive for 29 C.F.R. Part 1614 (EEO MD-110) (rev. Nov. 9, 1999), at 9-17; see, e.g., Lopez v. Dep't of Agriculture, EEOC Request No. 0520070736 (Aug. 20, 2007). Rather, a reconsideration request is an opportunity to demonstrate that the previous decision involved a clearly erroneous interpretation of material fact or law; or (2) will have a substantial impact on the policies, practices, or operations of the Agency. Complainant has not done so here.

After reviewing the previous decision and the entire record, the Commission finds that Complainant's request fails to meet the criteria of 29 C.F.R. � 1614.405(c); his request is therefore DENIED. The decision in EEOC Appeal No. 0120132102 is final. There is no further right of administrative appeal to the Commission regarding this matter.

COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (P0610)

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 (Z0610)

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 from the Court that the Court appoint an attorney to represent you and that the Court also 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 with the Court 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

April 1, 2014

Date

1 Further, Complainant requested an extension of time so that he might provide information showing that the underlying formal complaint contained matters different than those addressed by the Commission on appeal. However, unlike our regulation pertaining to appeals, our regulation pertaining to requests for reconsideration does not provide for a separate briefing period; a request for reconsideration must be substantiated at the time it is filed. Compare 29 C.F.R. � 1614.403(d) (appeal brief to be filed within 30 days of appeal), with 29 C.F.R. � 1614.405(c) (request for reconsideration must identify clear error or substantial impact).

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0520140038

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

Office of Federal Operations

P.O. Box 77960

Washington, DC 20013

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0520140038