Jeffrey Hunter, Complainant,v.John E. Potter, Postmaster General, United States Postal Service, (Northeast Area), Agency.

Equal Employment Opportunity CommissionNov 8, 2004
05a50058 (E.E.O.C. Nov. 8, 2004)

05a50058

11-08-2004

Jeffrey Hunter, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, (Northeast Area), Agency.


Jeffrey Hunter v. United States Postal Service

05A50058

November 8, 2004

.

Jeffrey Hunter,

Complainant,

v.

John E. Potter,

Postmaster General,

United States Postal Service,

(Northeast Area),

Agency.

Request No. 05A50058

Appeal No. 07A40073

Agency No. 1B-012-0028-00

Hearing No. 160-A1-8120X

DENIAL OF REQUEST FOR RECONSIDERATION

The United States Postal Service (agency) timely initiated a request

to the Equal Employment Opportunity Commission (EEOC or Commission) to

reconsider the decision in Jeffrey Hunter v. United States Postal Service,

EEOC Appeal No. 07A40073 (September 9, 2004). 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). However, we remind the agency that a

"request for reconsideration is not a second appeal to the Commission."

Equal Employment Opportunity Management Directive for 29 C.F.R. Part

1614 (rev. Nov. 9, 1999), at 9-17. In its request for reconsideration,

the agency reiterates arguments previously raised on appeal.

After a review of the agency'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. 07A40073 remains the Commission's final decision.

Accordingly, the Commission directs the agency to take corrective action

in accordance with this decision and the Order. There is no further

right of administrative appeal on the decision of the Commission on

this request for reconsideration. The agency is directed to take action

consistent with the Order below.

ORDER

To the extent that it has not already done so, within 60 days from the

date of this decision, the agency is ordered to:

Pay complainant all appropriate back pay (plus interest) and employee

emoluments for overtime opportunities denied between March 2000 to

March 2002.

Pay attorney's fees and costs in the amount of $14,034.37.

Provide appropriate training to all responsible management officials, with

special emphasis on the agency's obligations under the Rehabilitation Act.

POSTING ORDER (G0900)

The agency is ordered to post at its Springfield, Massachusetts Bulk Mail

Center facility copies of the attached notice. Copies of the notice,

after being signed by the agency's duly authorized representative, shall

be posted by the agency within thirty (30) calendar days of the date

this decision becomes final, and shall remain posted for sixty (60)

consecutive days, in conspicuous places, including all places where

notices to employees are customarily posted. The agency shall take

reasonable steps to ensure that said notices are not altered, defaced,

or covered by any other material. The original signed notice is to be

submitted to the Compliance Officer at the address cited in the paragraph

entitled "Implementation of the Commission's Decision," within ten (10)

calendar days of the expiration of the posting period.

ATTORNEY'S FEES (H0900)

If complainant has been represented by an attorney (as defined by

29 C.F.R. � 1614.501(e)(1)(iii), he/she is entitled to an award of

reasonable attorney's fees incurred in the processing of the complaint.

29 C.F.R. � 1614.501(e). The award of attorney's fees shall be paid

by the agency. The attorney shall submit a verified statement of fees

to the agency -- not to the Equal Employment Opportunity Commission,

Office of Federal Operations -- within thirty (30) calendar days of this

decision becoming final. The agency shall then process the claim for

attorney's fees in accordance with 29 C.F.R. � 1614.501.

IMPLEMENTATION OF THE COMMISSION'S DECISION (KO501)

Compliance with the Commission's corrective action is mandatory. The

agency shall submit its compliance report within thirty (30) calendar

days of the completion of all ordered corrective action. The report shall

be submitted to the Compliance Officer, Office of Federal Operations,

Equal Employment Opportunity Commission, P.O. Box 19848, Washington,

D.C. 20036. The agency's report must contain supporting documentation,

and the agency must send a copy of all submissions to the complainant. If

the agency does not comply with the Commission's order, the complainant

may petition the Commission for enforcement of the order. 29 C.F.R. �

1614.503(a). The complainant also has the right to file a civil action

to enforce compliance with the Commission's order prior to or following

an administrative petition for enforcement. See 29 C.F.R. � 1614.407,

1614.408, and 29 C.F.R. � 1614.503(g). Alternatively, the complainant has

the right to file a civil action on the underlying complaint in accordance

with the paragraph below entitled "Right to File A Civil Action." 29

C.F.R. � 1614.407 and � 1614.408. A civil action for enforcement or a

civil action on the underlying complaint is subject to the deadline stated

in 42 U.S.C. 2000e- 16(c) (1994 & Supp. IV 1999). If the complainant

files a civil action, the administrative processing of the complaint,

including any petition for enforcement, will be terminated. See 29

C.F.R. � 1614.409.

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:

______________________________

Carlton M. Hadden, Director

Office of Federal Operations

November 8, 2004

__________________

Date