0520110409
10-13-2011
Hollie J. Brown, Complainant, v. Patrick R. Donahoe, Postmaster General, United States Postal Service (Eastern Area), Agency.
Hollie J. Brown,
Complainant,
v.
Patrick R. Donahoe,
Postmaster General,
United States Postal Service
(Eastern Area),
Agency.
Request No. 0520110409
Appeal No. 0120110011
Agency No. 1C-251-000-409
DENIAL
Complainant timely requested reconsideration of the decision in Hollie
J. Brown v. U.S. Postal Service, EEOC Appeal No. 0120110011 (March
17, 2011). EEOC Regulations provide that the Commission may, in its
discretion, grant a request to 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).
In our previous decision, we affirmed the Agency's final order adopting
the Administrative Jude's (AJ) issuance of a decision without a hearing
finding no discrimination. Specifically, we noted that Complainant
failed to proffer sufficient evidence to establish that a genuine
issue of material fact existed such that a hearing on the merits
was warranted. We then noted that the Agency articulated legitimate,
non-discriminatory reasons for its actions. We noted that all employees
in the Mailhandler craft, not just Complainant, were directed to cease
hanging State House sack racks because there was a union dispute as
to which craft these duties should be assigned. We further noted that
Complainant failed to establish that the Agency’s actions were based
on race or reprisal. We also noted that the AJ committed a harmless error
in not addressing Complainant’s contention that he was denied official
time, because Complainant “did not contend that he was forced to take
leave or otherwise alter his position as a result” of allegedly being
denied official time.
In his request for reconsideration, Complainant, in pertinent part,
contends that the AJ was biased against him. Complainant contends
that the Agency’s legitimate, nondiscriminatory reasons cannot be
accepted. Complainant contends that the Agency improperly denied him
overtime pay for performing his Mailhandler craft duties. Complainant also
reiterates his contention that there are genuine issues of material fact
in dispute that require resolution by a hearing. Complainant contends
that Agency officials lied by stating that all the employees in the
Mailhandler craft, not just Complainant, were directed to cease hanging
State House sack racks. Complainant also reiterates his contention that
he was denied official time to prepare motions and responses related
to his complaint. Complainant contends that he was denied 28 hours of
official time at an overtime rate to prepare his case.
We note that a request for reconsideration is not a second form of
appeal. E.g., Lopez v. Dep’t of Agriculture, EEOC Request No. 0520070736
(Aug. 20, 2007); EEO Management Directive for Part 1614 (EEO MD-110),
Chap. 9, §VII.A. (Nov. 9, 1999). Complainant has failed to identify
any material error or fact of law that would warrant reconsideration of
the previous decision.
After reconsidering 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. 0120110011 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 (Z0610)
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 from the Court that
the Court appoint an attorney to represent you and that the Court also
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 with
the Court 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
October 13, 2011
Date
2
0520110409
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
2
0520110409