Robert B.,1 Complainant,v.Megan J. Brennan, Postmaster General, United States Postal Service (Southern Area), Agency.Download PDFEqual Employment Opportunity CommissionMar 14, 20192019000750 (E.E.O.C. Mar. 14, 2019) Copy Citation U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P.O. Box 77960 Washington, DC 20013 Robert B.,1 Complainant, v. Megan J. Brennan, Postmaster General, United States Postal Service (Southern Area), Agency. Request No. 2019000750 Appeal No. 0120182373 Agency No. 4G7000002618 DECISION ON REQUEST FOR RECONSIDERATION Complainant requested that the Equal Employment Opportunity Commission (EEOC or Commission) reconsider its decision in EEOC Appeal No. 0120182373 (September 12, 2018). EEOC Regulations provide that the Commission may, in its discretion, grant a request to reconsider any previous Commission decision issued pursuant to 29 C.F.R. § 1614.405(a), 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). At the time of events giving rise to this complaint, Complainant worked as a Career Letter Carrier, Grade Level 5, at the Agency’s Metairie Jonson Street Station, Metairie, Louisiana. On March 28, 2018, Complainant filed his complaint alleging discrimination based on race, sex, and in reprisal for prior EEO activity when: (1) On October 20, 2016, he was placed on emergency placement in an off-duty without pay status for intoxication and pilferage; 1 This case has been randomly assigned a pseudonym which will replace Complainant’s name when the decision is published to non-parties and the Commission’s website. 2019000750 2 (2) On or about December 22, 2016, he was issued a notice of removal for unacceptable conduct/failure to deliver mail with an effective date of January 27, 2017; and (3) On July 13, 2017, he was denied the right to attend an arbitration hearing regarding his removal. On April 23, 2018, the Agency issued its final decision dismissing the complaint for failure to state a claim and/or due to untimely EEO Counselor contact, pursuant to 29 C.F.R. §§ 1614.107(a)(1) and/or (2). Complainant appealed the Agency’s decision. The Commission dismissed the appeal due to untimely filing of the appeal. Specifically, the Commission found that Complainant received the Agency’s decision on April 26, 2018, but he did not file his appeal until June 25, 2018, which was beyond the 30-day time limit. In his request, Complainant contends that he timely filed his appeal via facsimile on May 21, 2018. He submits a copy of a transmission verification report indicating he sent some documents, via facsimile, to the Commission on May 21, 2018. Complainant, however, provides no persuasive evidence what specific documents were sent to the Commission on that day and internal records do not indicate that any facsimile was received from the Complainant on the identified date. Complainant provides no persuasive evidence he filed his appeal on May 21, 2018. 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(c), and it is the decision of the Commission to deny the request. The decision in EEOC Appeal No. 0120182373 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 (Z0815) If you want to file a civil action but cannot pay the fees, costs, or security to do so, you may request permission from the court to proceed with the civil action without paying these fees or costs. Similarly, if you cannot afford an attorney to represent you in the civil action, you may request the court to appoint an attorney for you. You must submit the requests for waiver of court costs or appointment of an attorney directly to the court, not the Commission. The 2019000750 3 court has the sole discretion to grant or deny these types of requests. Such requests do not alter the time limits for filing a civil action (please read the paragraph titled Complainant’s Right to File a Civil Action for the specific time limits). FOR THE COMMISSION: ______________________________ Carlton M. Hadden’s signature Carlton M. Hadden, Director Office of Federal Operations March 14, 2019 Date Copy with citationCopy as parenthetical citation