05980781
02-19-1999
Melba B. Payne, Appellant, William J. Henderson, Postmaster General, United States Postal Service Agency.
Melba B. Payne v. United States Postal Service
05980781
February 19, 1999
Melba B. Payne, )
Appellant, )
)
) Request No. 05980781
) Appeal No. 01962910
William J. Henderson, ) Agency No. 4D-280-1114-94
Postmaster General, )
United States Postal Service )
Agency. )
______________________________)
DENIAL ON REQUEST FOR RECONSIDERATION
On May 27, 1998, the United States Postal Service (agency) timely
initiated a request to the Equal Employment Opportunity Commission
(Commission) to reconsider the decision in Melba B. Payne v. United States
Postal Service, EEOC Appeal No. 01962910 (May 1, 1998). EEOC Regulations
provide that the Commissioners may, in their discretion, reconsider
any previous Commission decision. 29 C.F.R. �1614.407(a). The party
requesting reconsideration must submit written argument or evidence
which tends to establish one or more of the following three criteria:
new and material evidence is available that was not readily available
when the previous decision was issued, 29 C.F.R. �1614.407(c)(1);
the previous decision involved an erroneous interpretation of law,
regulation or material fact, or misapplication of established policy,
29 C.F.R. � 1614.407(c)(2); and the previous decision is of such
exceptional nature as to have substantial precedential implications,
29 C.F.R. �1614.407(c)(3).
After a review of the agency's request for reconsideration, the previous
decision, and the entire record, the Commission finds that the agency's
request does not meet the criteria of 29 C.F.R. �1614.407(c), and it is
the decision of the Commission to DENY the agency's request. The decision
of the Commission in Appeal No. 01962910 remains the Commission's final
decision. The agency shall comply with the provisions of the Order set
forth below. There is no further right of administrative appeal from
the decision of the Commission on this request for reconsideration.
ORDER
(1) Within thirty (30) calendar days of the date this decision becomes
final, the agency shall remove any and all copies of the March 1994 Letter
of Warning, or Letter of Discussion, from appellant's personnel records,
and references thereto.
Within ten (10) calendar days thereafter, the agency shall notify
appellant, in writing, that the ordered action has been taken by the
agency. A copy of the agency's letter to appellant shall be submitted
by the agency to the Compliance Officer.
(2) Within sixty (60) calendar days of the date this decision becomes
final, the agency shall provide training to the Responsible Management
Official in Title VII's prohibitions against reprisal. Documentation
evidencing completion of training shall be submitted to the Compliance
Officer within thirty (30) calendar days thereafter.
(3) The agency shall post at the Mount Holly Post Office, North Carolina
facility, copies of the attached notice. Copies of the notice shall
be duly signed by the agency's designated representative and posted
within thirty (30) calendar days of the date this decision becomes final.
This notice shall remain posted for ninety (90) consecutive calendar days,
in conspicuous places, including all places where notices to employees
are customarily posted. The agency shall take reasonable steps to ensure
that said notices are not altered, defaced, or covered by other material.
The original signed notice is to be submitted to the Compliance Officer
within ten (10) calendar days of the expiration of the posting period.
(4) The agency is furthered directed to submit a Report of Compliance,
as provided in the statement entitled, "Implementation of the Commission's
Decision." The report shall include supporting documentation regarding
the agency's implementation of all the corrective, curative, and
preventative action ordered herein.
IMPLEMENTATION OF THE COMMISSION'S DECISION (K0595)
Compliance with the Commission's corrective action is mandatory.
The agency shall submit its compliance report within thirty (30)
calendar days of the completion of all ordered corrective action. The
report shall be submitted to the Compliance Officer, Office of Federal
Operations, Equal Employment Opportunity Commission, P.O. Box 19848,
Washington, D.C. 20036. The agency's report must contain supporting
documentation, and the agency must send a copy of all submissions to
the appellant. If the agency does not comply with the Commission's
order, the appellant may petition the Commission for enforcement of
the order. 29 C.F.R. �1614.503 (a). The appellant also has the right
to file a civil action to enforce compliance with the Commission's
order prior to or following an administrative petition for enforcement.
See 29 C.F.R. ��1614.408, 1614.409, and 1614.503 (g). Alternatively,
the appellant has the right to file a civil action on the underlying
complaint in accordance with the paragraph below entitled "Right to File
A Civil Action." 29 C.F.R. ��1614.408 and 1614.409. A civil action for
enforcement or a civil action on the underlying complaint is subject to
the deadline stated in 42 U.S.C. �2000e-16(c) (Supp. V 1993). If the
appellant files a civil action, the administrative processing of the
complaint, including any petition for enforcement, will be terminated.
See 29 C.F.R. �1614.410.
RIGHT TO FILE A CIVIL ACTION (R0993)
This is a decision requiring the agency to continue its administrative
processing of your complaint. However, if you wish to file a civil
action, you have the right to file such action in an appropriate United
States District Court. It is the position of the Commission that 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. You should be aware, however, that courts in some
jurisdictions have interpreted the Civil Rights Act of 1991 in a manner
suggesting that a civil action must be filed WITHIN THIRTY (30) CALENDAR
DAYS from the date that you receive this decision. To ensure that your
civil action is considered timely, you are advised to file it WITHIN
THIRTY (30) CALENDAR DAYS from the date that you receive this decision
or to consult an attorney concerning the applicable time period in the
jurisdiction in which your action would be filed. In the alternative,
you may file a civil action AFTER ONE HUNDRED AND EIGHTY (180) CALENDAR
DAYS of the date you filed your complaint with the agency, or filed your
appeal with the Commission. 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.
Filing a civil action will terminate the administrative processing of
your complaint.
RIGHT TO REQUEST COUNSEL (Z1092)
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:
Feb. 19, 1999
________________ __________________________________
Date Frances M. Hart
Executive Officer
Executive Secretariat