0520110458
10-21-2011
Walter E. Pfieffer, Jr., Complainant, v. Patrick R. Donahoe, Postmaster General, United States Postal Service, (Capital Metro Area), Agency.
Walter E. Pfieffer, Jr.,
Complainant,
v.
Patrick R. Donahoe,
Postmaster General,
United States Postal Service,
(Capital Metro Area),
Agency.
Request No. 0520110458
Appeal No. 0120101528
Agency No. 1K276001208
DENIAL
Complainant timely requested reconsideration of the decision in Walter E. Pfieffer, Jr. v. U.S. Postal Service, EEOC Appeal No. 0120101528 (March 29, 2011). 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).
Complainant filed a formal Complainant alleging discrimination on the bases of race (Caucasian), disability (sleep disorder, epilepsy, dyslexia), age (57), and in reprisal for prior protected activity when: (1) on October 12, 2007, the agency placed him in emergency off-duty status; and (b) on November 16, 2007, the agency issued him a Notice of 14-Day Suspension. Pursuant to a Settlement Agreement, the Emergency Placement was expunged, the Notice of Suspension was rescinded and reduced to an official discussion, and Complainant was paid fore the time he missed from work.
The complaint was investigated and Complainant requested a hearing before an EEOC Administrative Judge (AJ). The AJ issued a decision finding no discrimination without a hearing. Complainant appealed to the Commission, and our prior decision affirmed. The prior decision found Complainant was partly responsible for an altercation which took place at work. The prior decision also found Complainant failed to present evidence that the agency took any of its actions because of Complainant's protected classes, or otherwise present evidence of pretext.
In his Request, Complainant asserts he was issued the discipline because of his prior EEO activity. 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. Complainant failed to establish that the prior decision involved a clearly erroneous interpretation of material law or fact. Even if Complainant's supervisor was aware of his prior EEO activity, Complainant did not present evidence that would dispute the agency's reasons for its actions. The decision in EEOC Appeal No. 0120101528 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
10/21/11
Date
2
05-2011-0458
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
2
0520110458