Robert B.,1 Complainant,v.Megan J. Brennan, Postmaster General, United States Postal Service (Southern Area), Agency.

Equal Employment Opportunity Commission

Mar 14, 2019

2019000750 (E.E.O.C. Mar. 14, 2019)

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.
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(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
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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