Vincent T. Franklin, Complainant,v.Patrick R. Donahoe, Postmaster General, United States Postal Service (Capital Metro Area), Agency.

Equal Employment Opportunity CommissionDec 12, 2012
0520120361 (E.E.O.C. Dec. 12, 2012)

0520120361

12-12-2012

Vincent T. Franklin, Complainant, v. Patrick R. Donahoe, Postmaster General, United States Postal Service (Capital Metro Area), Agency.


Vincent T. Franklin,

Complainant,

v.

Patrick R. Donahoe,

Postmaster General,

United States Postal Service

(Capital Metro Area),

Agency.

Request No. 0520120361

Appeal No. 0120120494

Agency No. 1K-281-0025-11

DENIAL

Complainant timely requested reconsideration of the decision in Vincent T. Franklin v. U.S. Postal Service, EEOC Appeal No. 0120120494 (March 9, 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).

The previous decision affirmed the Agency's dismissal of Complainant's complaint on the basis that it failed to state a claim for which relief could be granted and that it did not sufficiently allege actions which were severe or pervasive such that a claim of harassment was present. It also found that the actions of the Agency were not of a type reasonably likely to deter future protected EEO activity. Complainant filed a request for reconsideration in which he argued that the previous decision was clearly erroneous in its conclusion that he did not state a claim of harassment. Complainant argued that when viewed in conjunction with the other EEO complaints he has filed against the Agency, he is being subjected to a pattern of harassment. The Agency did not file a statement or brief in opposition to Complainant's request for reconsideration.

We find that Complainant's request for reconsideration fails to show that our previous decision involved a clearly erroneous interpretation of material fact or law, or that it would have a substantial impact on the policies, practices or operations of the Agency. Complainant did not show that the incident in which his supervisor yelled at him was sufficiently severe or pervasive such that a claim of harassment is present, and we find that Complainant's argument that his other EEO complaints would combine with the instant one to establish a claim of harassment is not persuasive. We find that he has not established that the previous decision erred in its conclusion that the Agency's dismissal should be affirmed.

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. 0120120494 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

December 12, 2012

Date

2

0520120361

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

Office of Federal Operations

P.O. Box 77960

Washington, DC 20013