05970915
03-25-1999
Steve O. Banks, Appellant, v. William J. Henderson, Postmaster General, United States Postal Service, Agency.
Steve O. Banks v. United States Postal Service
05970915
March 25, 1999
Steve O. Banks, )
Appellant, )
) Request No. 05970915
v. ) Appeal No. 01966259
) Agency No. 4F-907-1077-96
William J. Henderson, )
Postmaster General, )
United States Postal Service, )
Agency. )
)
DECISION ON REQUEST FOR RECONSIDERATION
On July 14, 1997, the United States Postal Service (hereinafter
referred to as the agency) timely initiated a request to the Equal
Employment Opportunity Commission (the Commission) to reconsider the
decision in Steve O. Banks v. Marvin T. Runyon, Jr., Postmaster General,
United States Postal Service, EEOC Appeal No. 01966259 (June 24, 1997).
EEOC regulations provide that the Commissioners may, in their discretion,
reconsider any previous decision. 29 C.F.R. �1614.407(a). The party
requesting reconsideration must submit written argument or evidence
which tends to establish one or more of the following three criteria:
new and material evidence is available that was not readily available
when the previous decision was issued, 29 C.F.R. �1614.407(c)(1);
the previous decision involved an erroneous interpretation of law,
regulation or material fact, or misapplication of established policy, 29
C.F.R. �1614.407(c)(2); and the decision is of such exceptional nature as
to have substantial precedential implications, 29 C.F.R. �1614.407(c)(3).
For the reasons set forth herein, the agency's request is granted.
The issue presented is whether the previous decision properly reversed
the agency's decision dismissing appellant's complaint pursuant to 29
C.F.R. �1614.107(a).
In the instant complaint, appellant alleged discrimination based on
race/color (black), age (50), and reprisal with regard to a letter
of warning (LOW). The agency dismissed the instant complaint on
the grounds that appellant had filed a previous complaint, Complaint
No. 4F-907-1068-96, alleging discrimination with regard to the same LOW.
Based on the record before it, the previous decision concluded that
appellant had been issued two LOWs and that the agency improperly
dismissed the instant complaint.
The Commission may, in its discretion, reconsider any previous decision
when the party requesting reconsideration submits written argument or
evidence that tends to establish at least one of the criteria of 29
C.F.R. �1614.407(c). Having reviewed the submission of the agency, we
grant its request to reconsider the previous decision. Documentation
submitted by the agency in its request to reconsider<1> (RTR) reveals
that appellant had received only one LOW in February 1996 and that
the instant complaint raised the same issue as alleged in Complaint
No. 4F-907-1068-96. Based on this new information, we find that the
instant complaint was properly dismissed.<2>
CONCLUSION
After a review of the agency's request for reconsideration, the previous
decision, and the entire record, the Commission finds that the agency's
request meets the criteria of 29 C.F.R. �1614.407(c). It is therefore the
decision of the Commission to grant the agency's request. The decision
in EEOC Appeal No. 01966259 (June 24, 1997) is REVERSED, and the agency's
decision is AFFIRMED. There is no further right of administrative appeal
on a decision of the Commission on a Request for Reconsideration.
STATEMENT OF APPELLANT'S RIGHTS - ON REQUEST FOR RECONSIDERATION
RIGHT TO FILE A CIVIL ACTION (P0993)
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.
It is the position of the Commission that 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.
You should be aware, however, that courts in some jurisdictions have
interpreted the Civil Rights Act of 1991 in a manner suggesting that
a civil action must be filed WITHIN THIRTY (30) CALENDAR DAYS from the
date that you receive this decision. To ensure that your civil action
is considered timely, you are advised to file it WITHIN THIRTY (30)
CALENDAR DAYS from the date that you receive this decision or to consult
an attorney concerning the applicable time period in the jurisdiction
in which your action would be filed. 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 (Z1092)
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 that the Court appoint
an attorney to represent you and that the Court 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 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:
March 25, 1999
Date Frances M. Hart
Executive Officer
1The agency is admonished for its failure to provide a copy of the LOW
at issue to the Commission upon appellant's appeal.
2In addition, the agency has submitted documents showing that Complaint
No. 4F-907-1068-96 was withdrawn by appellant in a settlement reached
in the grievance procedure.