Alena C.,1 Complainant,v.Megan J. Brennan, Postmaster General, United States Postal Service (Northeast Area), Agency.

Equal Employment Opportunity Commission

Mar 11, 2016

0520160099 (E.E.O.C. Mar. 11, 2016)

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

Alena C.,1
Complainant,

v.

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

Request No. 0520160099

Appeal No. 0120152147

Agency No. 4B-060-0086-12

DECISION ON REQUEST FOR RECONSIDERATION

Complainant timely requested reconsideration of the decision in EEOC Appeal No.
0120152147 (October 29, 2015). 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(c).

The record indicates that on May 31, 2012, the parties entered into a settlement agreement to
resolve Complainant’s complaint. The settlement agreement provided, in pertinent part, that:

[Male management official] and [female management official] agree to modify the
counselee’s notification of personnel action PS Form 50 to remove cause by June 10,
2012.

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.

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By letter to the Agency dated April 23, 2015, Complainant alleged the Agency breached the
settlement agreement when management officials identified therein failed to do their job.
Complainant indicated that she had been waiting for four years trying to resolve the matter
with her managerial official. The Agency determined that Complainant’s claim of breach was
untimely raised since she waited approximately two years from the settlement agreement to
raise the breach claim. Furthermore, the Agency indicated that it has fully complied with the
settlement agreement since it properly processed Complainant’s PS Form 50 on June 27, 2012,
by removing the reason for her removal, i.e., due to failure to operate motor vehicle in a safe
manner.

Complainant appealed and the Commission previously found that she did not timely raise the
issue of the Agency’s alleged noncompliance with the settlement agreement, i.e., within 30
days of the alleged breach. In the instant request for reconsideration of the previous decision,
Complainant merely reiterates her arguments raised in the prior appeal. 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. 0120152147 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 (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

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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

March 11, 2016
Date