0520090580
10-30-2009
Alfred R. Randon, Complainant, v. John E. Potter, Postmaster General, United States Postal Service (Pacific Area), Agency.
Alfred R. Randon,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service
(Pacific Area),
Agency.
Request No. 0520090580
Appeal No. 0120080465
Hearing No. 540-2007-00037X
Agency No. 4F-852-0119-06
DENIAL
Complainant timely requested reconsideration of the decision in Alfred
R. Randon v. U.S. Postal Service, EEOC Appeal No. 0120080465 (June
9, 2009). 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).
In his underlying complaint, complainant alleged that he was discriminated
against based on his race in violation of Title VII of the Civil Rights
Act of 1964, as amended, 42 U.S.C. � 2000e et seq., with regard to
his work assignment and discipline issued by the agency. In Randon
v. U.S. Postal Service, EEOC Appeal No. 0120080465, the Commission
affirmed the agency's final agency decision (FAD) adopting an EEOC
Administrative Judge's decision issued without a hearing. The AJ
concluded that complainant failed to establish that he was subjected to
discrimination as he alleged.
In his request for reconsideration, complainant reiterates arguments
which were raised and considered below. We note 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), 9-17 (November 9, 1999). 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 present any argument or evidence that would establish that the
prior decision involved a clearly erroneous interpretation of material
fact or law. The decision in EEOC Appeal No. 0120080465 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 (P0408)
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 (Z1008)
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
October 30, 2009
Date
2
0520090580
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
2
0520090580