0520120096
02-09-2012
Samuel Johnson, Complainant, v. Patrick R. Donahoe, Postmaster General, United States Postal Service (Capital Metro Area), Agency.
Samuel Johnson,
Complainant,
v.
Patrick R. Donahoe,
Postmaster General,
United States Postal Service
(Capital Metro Area),
Agency.
Request No. 0520120096
Appeal No. 0120113770
Agency No. 1G-772-0018-11
DENIAL
Complainant timely requested reconsideration of the decision in Samuel
Johnson v. U.S. Postal Service, EEOC Appeal No. 0120113770 (October
14, 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).
The facts and procedural background are set forth in the previous decision
and are incorporated herein by reference. The previous decision affirmed
he Agency’s dismissal of Complainant’s claims (1) and (2) on the
grounds that they raised matters that are identical to those set forth
in a prior formal complaint. Claims (3) and (4) were dismissed by the
Agency on the grounds that they failed to state a claim. The previous
decision affirmed the dismissal of these claims, also. In his request for
reconsideration, Complainant, in pertinent part, argued that he was denied
his “basic right by constantly being singled out and harassed on a
daily basis.” He also maintained that the Agency’s EEO procedures are
“defective” because higher management protects lower level management.
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. We remind Complainant 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. 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. Here, Complainant made no effort to address the specific
findings of the previous decision; therefore, we must find that he has
not met the criteria for reconsideration. The decision in EEOC Appeal
No. 0120113770 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
__2/9/12________________
Date
2
0520120096
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
2
0520120096