05a10205
03-28-2001
Douglas H. Stup, Complainant, v. William J. Henderson, Postmaster General, United States Postal Service (Capital-Metro Area), Agency.
Douglas H. Stup v. United States Postal Service
05A10205
March 28, 2001
.
Douglas H. Stup,
Complainant,
v.
William J. Henderson,
Postmaster General,
United States Postal Service
(Capital-Metro Area),
Agency.
Request No. 05A10205
Appeal No. 01A00080
Agency No. 1K-221-0093-98
Hearing No. 100-99-7512X
DENIAL OF REQUEST FOR RECONSIDERATION
The complainant initiated a request to the Equal Employment Opportunity
Commission (EEOC or Commission) to reconsider the decision in Douglas
H. Stup v. United States Postal Service, EEOC Appeal No. 01A00080
(December 6, 2000). Complainant claims discrimination on the bases of
reprisal (prior EEO activity) when on June 2, 1998, he was twice directed
to perform tasks outside the scope of his duties.
Complainant argues in his Request for Reconsideration that the appellate
decision erred in failing to find the tasks at issue to fall outside
his bid job. Upon review of the record, we find that complainant has
not shown the appellate decision to be clearly erroneous. We find
complainant's job description broad enough to encompass the tasks
at issue. In addition, we note that the undisputed record shows that
complainant was not required to perform the task at issue but rather
simply requested to do so. Complainant also notes that he failed
to complete an investigative affidavit because he had previously
(during the counseling stage) submitted �a declaration of 22 pages of
evidence.� We find that the appellate decision previously considered
the contents of complainant's declaration and properly determined that
such �evidence� failed to prove his claim of reprisal. Lastly, we note
that the appellate decision also affirmed the finding of no reprisal
even assuming management officials did ask complainant to perform tasks
outside his bid assignment.
EEOC Regulations provide that the Commission may, in its discretion,
reconsider any previous Commission decision 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(b). After a review
of the complainant's request for reconsideration, 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(b), and it is the decision
of the Commission to deny the request. The decision in EEOC Appeal
No. 01A00080 remains the Commission's final decision. There is no
further right of administrative appeal on the decision of the Commission
on this 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:
March 28, 2001
______________________________
Carlton M. Hadden, Director
Office of Federal Operations
__________________
Date