Orlando L. Green-Bush, Complainant,v.William J. Henderson, Postmaster General, United States Postal Service, Agency.

Equal Employment Opportunity CommissionFeb 28, 2001
05a00741 (E.E.O.C. Feb. 28, 2001)

05a00741

02-28-2001

Orlando L. Green-Bush, Complainant, v. William J. Henderson, Postmaster General, United States Postal Service, Agency.


Orlando L. Green-Bush v. United States Postal Service

05A00741

02-28-01

.

Orlando L. Green-Bush,

Complainant,

v.

William J. Henderson,

Postmaster General,

United States Postal Service,

Agency.

Request No. 05A00741

Appeal No. 01985389

Agency No. 1G-731-1022-95

DECISION ON REQUEST TO RECONSIDER

On March 21, 2000, Orlando L. Green-Bush (complainant) timely initiated a

request to the Equal Employment Opportunity Commission (the Commission) to

reconsider the decision in Orlando L. Green-Bush v. William J. Henderson,

Postmaster General, United States Postal Service, EEOC Appeal No. 01985389

(March 17, 2000). EEOC regulations provide that the Commissioners

may, in their discretion, reconsider any previous decision where the

party demonstrates that: (1) the previous decision involved a clearly

erroneous interpretation of material fact or law; or (2) the decision

will have a substantial impact on the policies, practices or operation

of the agency. 29 C.F.R. � 1614.405(b).<1> For the reasons set forth

below, the complainant's request is denied.

The issue presented is whether complainant's request meets the criteria

for reconsideration.

Complainant filed his formal complaint on March 13, 1995, alleging

discrimination based on sex and reprisal when he was terminated from

his position as a casual mailhandler on December 24, 1994. After an

investigation, complainant requested a final agency decision (FAD).

The agency issued its FAD March 1998, finding no discrimination.<2>

In December 1994, agency supervisors evaluated all casual employees

to determine who would be retained after the new year. Complainant's

supervisor reviewed his entire service with the agency and determined

that, because he was not regular in attendance and was tardy on several

occasions, he would not be retained.<3> Complainant did not demonstrate

pretext, and the investigation did not reveal, nor did complainant

identify, any employees with similar attendance/tardiness records who

were treated more favorably and retained by the agency. Complainant's

claim based on reprisal was rejected since he had not engaged in prior

EEO activity. The previous decision affirmed the FAD.

Complainant has filed a request to reconsider the previous decision.

In his request, complainant complains about the agency's delay in

processing his complaint (see fn. 2, supra), contends that two management

officials presented contradictory statements with regard to knowledge

of his termination, and asserts that he had no time/attendance problems

from December 15, 1994, when he was initially terminated, through his

final termination.

In order to merit the reconsideration of a prior Commission decision,

the requesting party must submit written argument that tends to establish

that at least one of the criteria of 29 C.F.R. � 1614.405(b) is met.

A request for review is not a second opportunity for appeal, and the

Commission's scope of review on a request for reconsideration is narrow.

Lopez v. Department of the Air Force, EEOC Request No. 05890749

(September 28, 1989); Regensberg v. USPS, EEOC Request No. 05900850

(September 7, 1990).

The agency, through complainant's supervisor, explained that he did

not maintain a consistent and reliable record of time and attendance,

and the agency elected to terminate his casual employment. Even if

management officials made contradictory statements and complainant had

no time/attendance problems after December 15, 1994, complainant has

not demonstrated that the agency's explanation was not true or based on

prohibited considerations, i.e., sex or reprisal.

CONCLUSION

After a review of the complainant's request for reconsideration, the

previous decision, and the entire record, the Commission finds that the

complainant's request fails to meet any of the criteria of 29 C.F.R. �

1614.405(b), and it is the decision of the Commission to deny the

complainant's request. The decision of the Commission in EEOC Appeal

No. 01985389 (March 17, 2000) remains the Commission's final decision.

There is no further right of administrative appeal from a decision of

the Commission on a request for reconsideration.

STATEMENT OF COMPLAINANT'S RIGHTS - ON REQUEST FOR RECONSIDERATION

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

____02-28-01______________

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.

2The delay in processing the complaint was due to the agency's failure

to investigate his claim based on reprisal. Thus, his complaint was

subject to a supplemental investigation.

3Complainant's supervisor initially terminated him in mid-December but

another supervisor allowed him to continue working.