Edward J. Simpkins, Complainant,v.William J. Henderson, Postmaster General, United States Postal Service, (Mid-Atlantic Area), Agency.

Equal Employment Opportunity CommissionDec 7, 2000
05981026 (E.E.O.C. Dec. 7, 2000)

05981026

12-07-2000

Edward J. Simpkins, Complainant, v. William J. Henderson, Postmaster General, United States Postal Service, (Mid-Atlantic Area), Agency.


Edward J. Simpkins v. United States Postal Service (Mid-Atlantic Area)

05981026

December 7, 2000

.

Edward J. Simpkins,

Complainant,

v.

William J. Henderson,

Postmaster General,

United States Postal Service,

(Mid-Atlantic Area),

Agency.

Request No. 05981026

Appeal No. 01964806

Agency Nos. 1-D-2011033-94; -2011105-94; -2011123-94;-2011063-94

Hearing Nos. 100-95-7324X; -7374X; -7106X; -7747X

DENIAL OF REQUEST FOR RECONSIDERATION

The complainant initiated a request to the Equal Employment Opportunity

Commission (EEOC or Commission) to reconsider the decision in Edward

J. Simpkins v. United States Postal Service (Mid-Atlantic Area), EEOC

Appeal No. 01964806 (July 24, 1998).<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).

The issues in the original underlying complaints filed by complainant

were as follows:

(1) whether complainant was discriminated against on the basis of reprisal

(prior EEO activity), when on October, 19, 1993, he was instructed and

harassed to follow instructions that are not policy relative to clocking

in and out for lunch;

(2) whether complainant was discriminated against on the bases of race

(Black), sex (male), disability (back injury), and reprisal (prior EEO

activity) when on December 10, 1993, he discovered that his request for

family leave was mishandled;

(3) whether complainant was discriminated against on the bases of race

(Black), sex (male), disability (back injury), and reprisal (prior

EEO activity) when on January 5, 1994, he was issued two disciplinary

letters of warning, one for failure to meet attendance requirements and

one for failure to follow instructions; and

(4) whether complainant was discriminated against on the bases of race

(Black), color (medium), sex (male), and reprisal (prior EEO activity)

when on November 9 and 23, 1994, he was denied a request for a change

of schedule.

Assuming arguendo that complainant established a prima facie case

of discrimination, and 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 No. 01964806

remains the Commission's final decision. There is no further right of

administrative appeal on the decision of the Commission on this 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

December 7, 2000

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. Consequently, the Commission will apply

the revised regulations found at 29 C.F.R. Part 1614 in deciding the

present appeal. The regulations, as amended, may also be found at the

Commission's website at www.eeoc.gov.