05a00217
03-08-2001
Daniel J. Berthelot, Complainant, v. William J. Henderson, Postmaster General, United States Postal Service, Agency.
Daniel J. Berthelot v. United States Postal Service
05A00217
March 8, 2001
.
Daniel J. Berthelot,
Complainant,
v.
William J. Henderson,
Postmaster General,
United States Postal Service,
Agency.
Request No. 05A00217
Appeal Nos. 01991107 01992136
01991108 01992137
01991109 01992139
01991699 01992644
01991933 01992819
Agency Nos. 4-G-770-0735-98 4-G-770-0044-99
4-G-770-0734-98 4-G-770-0784-98
4-G-770-0746-98 4-G-770-0748-98
4-G-770-0749-98 4-G-770-0043-99
4-G-770-0898-98 4-G-770-0100-99
DENIAL OF REQUEST FOR RECONSIDERATION
The complainant initiated a request to the Equal Employment Opportunity
Commission (EEOC or Commission) to reconsider the decision in Daniel
J. Berthelot v. United States Postal Service, EEOC Appeal No. 01991107, et
al. (October 20, 1999).<1> EEOC Regulations provide that the Commission
may, in its discretion, 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).
After a review of the complainant's request for reconsideration, 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 Nos. 01991107, 01991108, 01991109, 01991699, 01991933,
01992136, 01992139, 01992644, and 01992819 remains the Commission's final
decision. In the prior decision, the Commission remanded claims from
seven different complaints, including 01992136 and 01992819. The order
from the prior decision is reprinted below. There is no further right of
administrative appeal on the decision of the Commission on this request
for reconsideration.
ORDER
The agency is ordered to consolidate [complainant's] remanded complaints
into a single claim of hostile work environment harassment. Thereafter,
the agency shall process the remanded [claims] in accordance with 29
C.F.R. � 1614.108. The agency shall acknowledge to the [complainant] that
it has received and consolidated the remanded [claims] within thirty (30)
calendar days of the date this decision becomes final. The agency shall
issue to [complainant] a copy of the investigative file and also shall
notify [complainant] of the appropriate rights within 150 calendar days
of the date this decision becomes final, unless the matter is otherwise
resolved prior to that time. If the [complainant] requests a final
decision without a hearing, the agency shall issue a final decision
within sixty (60) days of receipt of [complainant's] request.
A copy of the agency's letter of acknowledgment and consolidation to
[complainant] and a copy of the notice that transmits the investigative
file and notice of rights must be sent to the Compliance Officer as
referenced below.
IMPLEMENTATION OF THE COMMISSION'S DECISION (K0900)
Compliance with the Commission's corrective action is mandatory.
The agency shall submit its compliance report within thirty (30)
calendar days of the completion of all ordered corrective action. The
report shall be submitted to the Compliance Officer, Office of Federal
Operations, Equal Employment Opportunity Commission, P.O. Box 19848,
Washington, D.C. 20036. The agency's report must contain supporting
documentation, and the agency must send a copy of all submissions to
the complainant. If the agency does not comply with the Commission's
order, the complainant may petition the Commission for enforcement of
the order. 29 C.F.R. � 1614.503(a). The complainant also has the right
to file a civil action to enforce compliance with the Commission's order
prior to or following an administrative petition for enforcement. See 29
C.F.R. �� 1614.407, 1614.408, and 29 C.F.R. � 1614.503(g). Alternatively,
the complainant has the right to file a civil action on the underlying
complaint in accordance with the paragraph below entitled "Right to File
A Civil Action." 29 C.F.R. �� 1614.407 and 1614.408. A civil action
for enforcement or a civil action on the underlying complaint is subject
to the deadline stated in 42 U.S.C. � 2000e-16(c)(Supp. V 1993). If the
complainant files a civil action, the administrative processing of the
complaint, including any petition for enforcement, will be terminated.
See 29 C.F.R. � 1614.409.
COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (Q0900)
This decision affirms the agency's final decision/action in part, but it
also requires the agency to continue its administrative processing of a
portion of your complaint. 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 on both that portion
of your complaint which the Commission has affirmed and that portion
of the complaint which has been remanded for continued administrative
processing In the alternative, you may file a civil action after
one hundred and eighty (180) calendar days of the date you filed your
complaint with the agency, or filed your appeal with the Commission.
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. Filing a civil
action will terminate the administrative processing of your complaint.
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
March 8, 2001
__________________
Date
1In its prior decision, the Commission consolidated 17 appeals beginning
with EEOC Appeal No. 01983687. Complainant requested reconsideration
of the findings from 10 of the appeals, as indicated above.