0520110482
10-20-2011
Bryan T. Hawkins, Complainant, v. Patrick R. Donahoe, Postmaster General, United States Postal Service (Eastern Area), Agency.
Bryan T. Hawkins,
Complainant,
v.
Patrick R. Donahoe,
Postmaster General,
United States Postal Service
(Eastern Area),
Agency.
Request No. 0520110482
Appeal No. 0120100240
Agency No. 4C-400-0068-09
DENIAL
Complainant timely requested reconsideration of the decision in Bryan
T. Hawkins v. U.S. Postal Service, EEOC Appeal No. 0120100240 (April
5, 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).
In our previous decision, we affirmed the Agency’s decision dismissing
Complainant’s complaint for untimely EEO counselor contact. We noted
that the effective date of Complainant’s removal was September 6,
2008, but he did not contact a counselor until July 7, 2009, exceeding
the 45-day limitation period.
In his request for reconsideration, Complainant contends, in pertinent
part, that he was under the impression that he could not file an EEO
complaint until his union grievance was resolved.
We note that Complainant does not dispute the signed EEO Counselor's
report, noting that an EEO poster was on display at Complainant’s
facility. Complainant therefore had constructive knowledge of the
applicable time limit. See Santiago v. U.S. Postal Service, EEOC Request
No. 05950272 (July 6, 1995). In any event, a request for reconsideration
is not a second form of appeal. E.g., Lopez v. Dep’t of Agriculture,
EEOC Request No. 0520070736 (Aug. 20, 2007); EEO Management Directive
for Part 1614 (EEO MD-110), Chap. 9, §VII.A. (Nov. 9, 1999). Nothing in
Complainant’s request establishes clear error of material fact or law
in the previous decision.
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. The decision in EEOC Appeal No. 0120100240 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
October 20, 2011
Date
2
0520110482
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013