0520110086
01-14-2011
Jerome N. McKoy, Complainant, v. Patrick R. Donahoe, Postmaster General, United States Postal Service, (Northeast Area), Agency.
Jerome N. McKoy,
Complainant,
v.
Patrick R. Donahoe,
Postmaster General,
United States Postal Service,
(Northeast Area),
Agency.
Request No. 0520110086
Appeal No. 0120102779
Agency No. 4B100006610
DENIAL
Complainant timely requested reconsideration of the decision in Jerome
N. McKoy v. U.S. Postal Serv., EEOC Appeal No. 0120102779 (Sept. 23,
2010). 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).
BACKGROUND
In the underlying case, Complainant filed a compliant alleging he
was subjected to discrimination when, on June 10, 1999, he received a
Notice of Removal for Continued Use of Unauthorized Overtime. The Agency
dismissed the compliant for failure to timely contact an EEO Counselor.
Complainant appealed the dismissal to the Commission. In McKoy
v. U.S. Postal Service, EEOC Appeal No. 0120102779 (Sept. 23, 2010),
the Commission affirmed the dismissal of the compliant on the grounds
that Complainant had filed the same claim in federal district court.
Complainant filed a request for reconsideration to the Commission.
ANALYSIS AND FINDINGS
In his request, Complainant's mainly argues that an investigation was
not conducted in this case, he did not have the appropriate documents,
and that he was not given the opportunity to request a hearing before
an AJ.
We find that Complainant's request fails to demonstrate that the appellate
decision involved a clearly erroneous interpretation of material fact
or law; or the appellate decision will have a substantial impact on
the policies, practices, or operations of the Agency. Complainant is
not entitled to an investigation, discovery, or a hearing because his
complaint was properly dismissed. EEOC Regulation 29 C.F.R. � 1614.409
provides that the filing of a civil action "shall terminate Commission
processing of an appeal." Accordingly, we find that Complainant has not
provided any persuasive arguments as to how the previous decision erred
in dismissing his complaint. Accordingly, we deny Complainant's request.
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. 0120102779 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
____1/14/11______________
Date
2
0520110086
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
2
0520110086