Wilmer M.,1 Complainant,v.Megan J. Brennan, Postmaster General, United States Postal Service (Pacific Area), Agency.

Equal Employment Opportunity Commission

Aug 16, 2018

0520180287 (E.E.O.C. Aug. 16, 2018)

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013

Wilmer M.,1
Complainant,

v.

Megan J. Brennan,
Postmaster General,
United States Postal Service
(Pacific Area),
Agency.

Request No. 0520180287

Appeal No. 0120172957

Agency No. 1F-946-0021-17

DECISION ON REQUEST FOR RECONSIDERATION

Complainant timely requested that the Equal Employment Opportunity Commission (EEOC or
Commission) reconsider its decision in Wilmer M. v. U.S. Postal Serv., EEOC Appeal No.
0120172957 (Feb. 16, 2018). EEOC Regulations provide that the Commission may, in its
discretion, grant a request to reconsider any previous Commission decision issued pursuant to 29
C.F.R. § 1614.405(a), 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(c).

On May 18, 2017, Complainant and the Agency entered into a settlement agreement to resolve
an EEO matter. The settlement agreement provided, in pertinent part, that: “[Management
official] will revise [Complainant's] seniority date from August 20, 2016 to a prior date upon
completion of an investigation to determine the exact date, on or before June 30, 2017.
(Counselee states the date should be March 19, 2016).”

1 This case has been randomly assigned a pseudonym which will replace Complainant’s name
when the decision is published to non-parties and the Commission’s website.
0520180287

2
On July 8, 2017, Complainant alleged that the Agency was in breach of the settlement
agreement. Specifically, Complainant alleged that, as of July 8, 2017, he had not been informed
of any management action to implement the agreement. On August 14, 2017, the Agency issued
a decision finding that it had not breached the agreement. The Agency confirmed that, on June
23, 2017, management submitted the paperwork to change Complainant’s seniority date to
March 19, 2016, and submitted evidence indicating that the seniority date was changed.

Complainant appealed asserting that the seniority date was different than his computation date
and that the Agency’s documentation showed other errors. Complainant believed that his
“seniority date, conversion date and retirement compensation” should be reflected as March 19,
2016. In Wilmer M. v. U.S. Postal Serv., EEOC Appeal No. 0120172957 (Feb. 6, 2018), the
Commission found that the Agency had not breached the agreement. The Commission
determined that the agreement required only that the seniority date be changed. The record
showed that this was timely completed prior to June 20, 2017. The Commission noted that the
agreement did not reference changes to any other dates. As a result, the Commission found that
the Agency had not breached the agreement.

In his request for reconsideration, Complainant expresses his disagreement with the previous
decision and reiterates arguments previously raised on appeal. The Commission emphasizes 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), at 9-18 (Aug. 5,
2015); see, e.g., Lopez v. Dep't of Agric., EEOC Request No. 0520070736 (Aug. 20, 2007).
Rather, a reconsideration request is an opportunity to demonstrate that the appellate decision
involved a clearly erroneous interpretation of material fact or law, or will have a substantial
impact on the policies, practices, or operations of the Agency. Complainant has not done so
here. Complainant has not presented any evidence demonstrating that the Commission erred in
finding that the Agency complied with the plain language of the settlement agreement. As such,
Complainant has not put forth any persuasive arguments to support granting the request for
reconsideration.

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(c), and it is the decision of the
Commission to DENY the request. The decision in EEOC Appeal No. 0120172957 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.
0520180287

3
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 (Z0815)

If you want to file a civil action but cannot pay the fees, costs, or security to do so, you may
request permission from the court to proceed with the civil action without paying these fees or
costs. Similarly, if you cannot afford an attorney to represent you in the civil action, you may
request the court to appoint an attorney for you. You must submit the requests for waiver of
court costs or appointment of an attorney directly to the court, not the Commission. The
court has the sole discretion to grant or deny these types of requests. Such requests do not alter
the time limits for filing a civil action (please read the paragraph titled Complainant’s Right to
File a Civil Action for the specific time limits).

FOR THE COMMISSION:

______________________________ Carlton M. Hadden’s signature
Carlton M. Hadden, Director
Office of Federal Operations

August 16, 2018
Date