05A40480
07-07-2004
Robert D. Hill, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, (Southeast Area), Agency.
Robert D. Hill v. United States Postal Service
05A40480
July 7, 2004
.
Robert D. Hill,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
(Southeast Area),
Agency.
Request No. 05A40480
Request No. 05A30651
Appeal No. 01A20730
Agency No. 1D-271-0030-01
DENIAL OF REQUEST FOR RECONSIDERATION
Robert D. Hill (complainant) timely initiated a request to the Equal
Employment Opportunity Commission (EEOC or Commission) to reconsider
the decision in Robert D. Hill v. United States Postal Service, EEOC
Appeal No. 05A30651 (August 4, 2003). 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).
The procedural history of the instant case is briefly summarized as
follows. The Commission issued a decision on an appeal of a decision of
the Merit Systems Protection Board (MSPB) finding no discrimination when
complainant was removed from his position for unsatisfactory performance
and improper conduct. See Hill v. United States Postal Service, EEOC
Appeal No. 03960097 (March 27, 1997). We found that the MSPB properly
determined that there was no discrimination. The Commission then issued
a decision in response to what appeared to be complainant's appeal of our
prior decision. In that decision, we stated that because our decision
in EEOC Appeal No. 03960097 was final and there was no further right of
appeal, the case was closed without further comment. See Hill v. United
States Postal Service, EEOC Appeal No. 01A20730 (February 4, 2003).
Complainant then filed a request for reconsideration of the action
administratively closing his appeal. In our decision on request for
reconsideration, we determined that complainant's appeal concerned the
agency's final action dated June 20, 2001, rather than a prior decision
of the Commission, and thus our administrative closure was incorrect.
See EEOC Request No. 05A30651. The Commission's decision thus granted
reconsideration to correct this procedural error, and considered whether
the agency's prior final action properly dismissed complainant's formal
EEO complaint. The Commission affirmed the agency's dismissal for
several reasons, primarily because we had previously addressed several of
complainant's allegations of discrimination based on age and found that
he had not been discriminated against. We also affirmed the agency's
dismissal of complainant's claim that he was denied the opportunity
to complete an Employee Opinion Survey due to age discrimination.
The Commission concluded that the agency's final decision dismissing
complainant's complaint was proper and was affirmed. However, as this
was the first time complainant's appeal of the agency's final decision
was addressed on the merits, the right to request reconsideration was
included in the decision.
Complainant requested reconsideration of the Commission's decision,
arguing that the decision involved a clearly erroneous interpretation of
material fact or law. The agency responded to complainant's request,
alleging that complainant proffered no argument or evidence to support
his request and deny the request.
After a review of 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. 05A30651 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:
______________________________
Carlton M. Hadden, Director
Office of Federal Operations
July 7, 2004
__________________
Date