0520130268
06-07-2013
Gerald G. Florence, Complainant, v. Patrick R. Donahoe, Postmaster General, United States Postal Service (Southwest Area), Agency.
Gerald G. Florence,
Complainant,
v.
Patrick R. Donahoe,
Postmaster General,
United States Postal Service
(Southwest Area),
Agency.
Request No. 0520130268
Appeal No. 0120123358
Agency No. 4G752022112
DENIAL
Complainant timely requested reconsideration of the decision in Gerald G. Florence v. U.S. Postal Service, EEOC Appeal No. 0120123358 (Jan. 11, 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(b).
Complainant alleged that the Agency discriminated against him on the basis of disability and retaliated against him when a management official provided incorrect information to the Office of Workers' Compensation Program (OWCP) which affected his compensation from May 5, 2012 through May 31, 2012. The Commission affirmed the Agency's dismissal of the claim. In so finding, the Commission found that Complainant failed to state a claim for which relief could be granted because his allegations were a collateral attack against the OWCP process. Complainant requests that the Commission reconsider its decision.
In his request for reconsideration, Complainant appears to argue that the Agency erred in dismissing his complaint for failure to state a claim because, when taking the facts in the light most favorable to him, he articulated a set of facts that stated a claim for which a remedy could be provided. We find, however, that Complainant has failed to demonstrate that the appellate decision contained an error of law or fact. The Commission dismissed the complaint for failure to state a claim because Complainant lodged a collateral attack against the OWCP process. The Commission determined that the allegations raised were best addressed by the OWCP and not the Commission. A reconsideration request is an opportunity to demonstrate that the previous decision involved a clearly erroneous interpretation of material fact or law; or will have a substantial impact on the policies, practices, or operations of the Agency. Here, we find that the Complainant has not met his burden.
After reviewing 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 decision in EEOC Appeal No. 0120123358 remains the Commission's decision. There is no further right of administrative appeal on the decision of the Commission on this request.
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
__06/07/13________________
Date
2
0520130268
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
2
0520130268