0520130009
03-08-2013
Robyn L. Coleman, Complainant, v. Patrick R. Donahoe, Postmaster General, United States Postal Service (Great Lakes Area), Agency.
Robyn L. Coleman,
Complainant,
v.
Patrick R. Donahoe,
Postmaster General,
United States Postal Service
(Great Lakes Area),
Agency.
Request No. 0520130009
Appeal No. 0120112762
Agency No. 4J-604-0048-10
DENIAL
Complainant timely requested reconsideration of the decision in Robyn L. Coleman v. U.S. Postal Service, EEOC Appeal No. 0120112762 (August 23, 2012). 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 decision finding that Complainant failed to establish that discrimination played a role in the Agency's actions. We noted that the Agency articulated legitimate, nondiscriminatory reasons for its actions; namely, that Complainant's 360-day term of employment ended. We noted that Complainant's supervisor stated that Complainant's appointment was not renewed because she was totally incapacitated and the allotment for the number of transitional employees they could hire had decreased. We found that a preponderance of the evidence supported the Agency's articulation that Complainant's employment ended because her 360-day term of employment ended. We also noted that Complainant failed to respond to the Agency's notification that she had 30 days in which to either request a final agency decision or a hearing before an AJ. We noted that although Complainant requested a hearing dated May 10. 2010, this request was sent prior to the commencement of the investigation. We therefore found that the Agency properly issued a final decision.
In her request for reconsideration, Complainant through her representative argues, in pertinent part, that her request for a hearing before an EEOC Administrative Judge (AJ) was improperly dismissed. Complainant contends that the Agency usurped the AJ's authority and improperly dismissed her hearing request. Complainant contends that she was improperly charged with not cooperating with the Agency's investigator. Complainant contends that the Responsible Management Official (RMO) provided false testimony. Complainant contends that the RMO allowed Caucasian employees the privilege of working light-duty when they were injured. Complainant contends that she would not been released from employment had she not been injured.1
We note 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 (EEO MD-110) (rev. Nov. 9, 1999), at 9-17; see, e.g., Lopez v. Dep't of Agriculture, EEOC Request No. 0520070736 (Aug. 20, 2007). Rather, a reconsideration request is an opportunity to demonstrate that the previous decision involved a clearly erroneous interpretation of material fact or law; or (2) will have a substantial impact on the policies, practices, or operations of the Agency. Complainant has not done so here. We note that our previous decision already addressed whether Complainant was improperly denied a hearing before an AJ, and concluded that she had not been. We further note that the record reflects that Complainant's 360-day term of employment had ended.
After reviewing 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. 0120112762 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
March 8, 2013
Date
1 After filing her request for reconsideration on September 18, 2012, Complainant, through her representative, submitted additional documents on November 14, 2012. The regulation set forth at 29 C.F.R. � 1614.405(b) provide, in relevant part, that a party may request reconsideration within 30 days of receipt of a decision by the Commission. There is no provision for the submission of additional statements or briefs after the initial filing. Accordingly, the Commission declines to consider Complainant's additional statements, as they are untimely pursuant to 29 C.F.R. � 1614.405(b).
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0520130009
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
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