05980948
10-20-2000
Brion R, Hinton v. USPS
05980948
October 20, 2000
.
Brion R. Hinton
Complainant,
v.
William J. Henderson,
Postmaster General,
United States Postal Service,
Agency.
Request No. 05980948
Appeal No. 01964912
Agency No. 1A-121014-94
DENIAL OF REQUEST FOR RECONSIDERATION
On July 9, 1998, Brion R. Hinton (hereinafter referred to as complainant)
initiated a request to the Equal Employment Opportunity Commission (EEOC)
to reconsider the decision in Hinton v. United States Postal Service,
EEOC Appeal No. 01964912 (June 10, 1998). EEOC regulations provide that
the Commissioners may, in their discretion, reconsider any previous
decision where the party demonstrates that: (1) the previous decision
involved clearly erroneous interpretation of material fact or law;
or (2) the decision will have a substantial impact on the policies,
practices or operation of the agency. See 29 C.F.R. �1614.405(b).<1>
The record indicates that complainant received a seven (7) day suspension
in January 1994 for failure to follow official instructions and violation
of the agency's code of conduct. Complainant behaved in a threatening
manner when his supervisor told him to leave an area. Complainant filed
a grievance on the matter, which went to arbitration. The arbitrator
upheld the suspension, finding that complainant �by his own admission, was
exhibiting volatile behavior....� Complainant also filed an EEO complaint
alleging discrimination on the bases of race (Black), color (black),
and sex. The agency investigated the matter and when complainant did not
request a hearing, issued a final decision finding no discrimination.
The previous decision affirmed the agency's decision without substantive
comment.
In his request for reconsideration, complainant submits information
concerning other male employees who were disciplined. However, most of the
incidents occurred in 1996-1997, two to three years after complainant
was disciplined. Complainant indicates that they were treated the same
as he, but different from females. Complainant argued that a female
employee was treated differently than he in 1989 and includes a copy of
clock rings purportedly to show that another female employee was treated
differently in 1996. Complainant does not explain why this information
was not available during the course of the investigation. Nonetheless,
the Commission finds that the evidence submitted is insufficient to show
that complainant was discriminated against when he received the notice
of suspension in December 1993 and served his suspension in January 1994.
After a review of complainant's request to reconsider, the previous
decision, and the entire record, the Commission finds that complainant's
request does not meet the criteria of 29 C.F.R. �1614.405(b), and
it is the decision of the Commission to deny complainant's request.
The decision of the Commission in Appeal Nos. 01964912 remains
the Commission's final decision. There is no further right of
administrative appeal from a decision of the Commission on a request
for reconsideration.
COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (P0900)
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 (Z1199)
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:
______________________________
Carlton M. Hadden, Director
Office of Federal Operations
October 20, 2000
__________________
Date
CERTIFICATE OF MAILING
For timeliness purposes, the Commission will presume that this decision
was received within five (5) calendar days after it was mailed. I certify
that this decision was mailed to complainant, complainant's representative
(if applicable), and the agency on:
__________________
Date
______________________________
1On November 9, 1999, revised regulations governing the EEOC's federal
sector complaint process went into effect. These regulations apply
to all federal sector EEO complaints pending at any stage in the
administrative process. The regulations, as amended, may also be found
at the Commission's website at www.eeoc.gov.