05980007
06-29-2000
Charles A. Bibeau, Complainant, v. William J. Henderson, Postmaster General, United States Postal Service, Agency.
Charles A. Bibeau v. United States Postal Service
05980007
June 29, 2000
Charles A. Bibeau, )
Complainant, )
)
v. ) Request No. 05980007
) Appeal No. 01971028
) Agency No. 1-H-311-1049-96
William J. Henderson, )
Postmaster General, )
United States Postal Service, )
Agency. )
______________________________)
DENIAL OF REQUEST FOR RECONSIDERATION
On September 29, 1997, Charles A. Bibeau (complainant) initiated
a request to the Equal Employment Opportunity Commission (EEOC) to
reconsider the decision in Bibeau v. United States Postal Service,
EEOC Appeal No. 01971028 (August 28, 1997). In 64 Fed.Reg. 37,644,
37,659 (1999) (to be codified and hereinafter referred to as 29 C.F.R. �
1614.106(d)), the regulations provide that the Commissioners may, in their
discretion, reconsider any previous Commission decision where the party
demonstrates that: (1) the previous decision involved 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). Complainant's request is denied.<1>
The issue herein is whether the agency properly dismissed complainant's
complaint on the grounds that complainant raised the same claim in a
prior EEO complaint.
Complainant filed a formal EEO complaint (Complaint 2), at issue
herein, claiming that he was discriminated against on the bases of race
(Hispanic), color, age (50), and reprisal (prior EEO activity) when, on
or about August 23, 1996, the agency refused his request to be placed
into a custodial position for which he had applied and another less
qualified individual was placed in the custodial position. According to
complainant's formal EEO complaint, he initiated the complaint when he
learned from a coworker that the claimed less qualified applicant was
actually working in
the custodial position. The agency dismissed the allegation on the
grounds that complainant raised the same claim in a prior EEO complaint,
EEOC Case No. 1-H-311-1039-96 (Complaint 1). In Complaint 1, complainant
also raised race, color, age and reprisal discrimination regarding his
nonselection to a vacant custodial position. The record indicates that
the custodial position at issue in Complaint 1 is the same one referred
to in Complaint 2, at issue herein.
The agency dismissed Complaint 2 on the grounds that complainant
had raised the same claim in Complaint 1. The agency noted that the
only difference in the complaints was that complainant had asked for
compensatory damages in Complaint 2. The agency advised complainant that
he could amend his prior complaint to add the issue of compensatory
damages. The previous decision affirmed the agency's dismissal on
the grounds stated without substantive comment. In his request for
reconsideration, complainant appears to argue that Complaint 2 centered
around retaliation and was therefore different from Complaint 1, which
focused on age and race discrimination.
EEOC Regulation 29 C.F.R. � 1614.407(a)(1) provides that an agency may
dismiss a complaint which is pending before or has been decided by the
agency. After careful review of the record, the Commission finds that
the agency and the prior decision are correct. While complainant asserts
in his request for reconsideration that the cases are different, we can
find no evidence to support complainant's claim that Complaint 2 "is
a full and independent action of discrimination." Accordingly, after a
review of complainant's request for reconsideration, the previous decision
and the entire record, the Commission finds that complainant's request
does not meet the criteria of 29 C.F.R. � 1614.405(b), and it is the
decision of the Commission to deny complainant's request. The decision
of the Commission in Appeal No. 01971028 remains the Commission's final
decision. There is no further right of administrative appeal from the
decision of the Commission on this request for reconsideration.
COMPLAINANTS' RIGHT TO FILE A CIVIL ACTION (P0400)
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:
__06-29-00____________ ______________________
DATE Carlton M. Hadden, Acting Director
Office of Federal Operations
1 On November 9, 1999, revised regulations governing 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 64 Fed.Reg. 37,644 (1999), where applicable, in deciding the
present appeal. The regulations, as amended, may also be found at the
Commission's website at www.eeoc.gov.