Emanuel W.,1 Complainant,v.Megan J. Brennan, Postmaster General, United States Postal Service (Eastern Area), Agency.

Equal Employment Opportunity Commission

Nov 16, 2018

0520180574 (E.E.O.C. Nov. 16, 2018)

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013

Emanuel W.,1
Complainant,

v.

Megan J. Brennan,
Postmaster General,
United States Postal Service
(Eastern Area),
Agency.

Request No. 0520180574

Appeal No. 0120170951

Hearing No. 530-2016-00088X

Agency No. 1C-171-0024-15

DECISION ON REQUEST FOR RECONSIDERATION

Complainant timely requested that the Equal Employment Opportunity Commission (EEOC or
Commission) reconsider its decision in EEOC Appeal No. 0120170951 (June 29, 2018). EEOC
Regulations provide that the Commission may, in its discretion, grant a request to reconsider any
previous Commission decision issued pursuant to 29 C.F.R. § 1614.405(a), 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(c).

At the time of events giving rise to this complaint, Complainant worked as a Mail Handler
Equipment Operator, Grade 5, at the Agency’s Harrisburg Station, Harrisburg, Pennsylvania. On
August 22, 2015, Complainant filed his complaint alleging discrimination when he was issued a
notice of removal on June 22, 2015. After completion of the investigation of the complaint,
Complainant requested a hearing before an EEOC Administrative Judge (AJ).

1 This case has been randomly assigned a pseudonym which will replace Complainant’s name
when the decision is published to non-parties and the Commission’s website.
0520180574

2
Meanwhile, Complainant filed a grievance concerning the June 22, 2015 notice of removal. On
December 24, 2015, Complainant and the Agency entered into a Last Chance Agreement
resolving the grievance. Therein, the Agency, in pertinent part, agreed to modify the removal to
a long-term suspension and to allow Complainant to return to duty. Complainant in turn agreed
to withdraw his grievance and his pending EEO complaint. Accordingly, Complainant returned
to duty in his position on December 25, 2015.

On December 20, 2016, the Agency filed its Motion to Dismiss Complaint Pursuant to
Settlement Agreement via the Last Chance Agreement. On December 21, 2016, the AJ issued
an Order of Dismissal granting the Agency’s Motion and closed the case. Complainant filed the
appeal indicating that he signed the Last Chance Agreement under duress and was entitled to a
hearing. The Commission dismissed Complainant’s appeal since he had no grounds to file the
appeal. Specifically, the Commission stated that if Complainant wanted to argue that the
settlement agreement was reached under duress, he would have to do so under the negotiated
grievance process. The Commission also noted that the Agency issued no final Agency decision
because Complainant had not raised the matter with the EEO Director as required by 29 C.F.R.
§1614.504(a).

In his request, Complainant reiterates arguments he previously made. Complainant also raises
the matter concerning his subsequent EEO complaint which is not related to the instant case.
After reviewing 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(c), and it is the decision of the
Commission to deny the request. The decision in EEOC Appeal No. 0120170951 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 (Z0815)

If you want to file a civil action but cannot pay the fees, costs, or security to do so, you may
request permission from the court to proceed with the civil action without paying these fees or
costs. Similarly, if you cannot afford an attorney to represent you in the civil action, you may
request the court to appoint an attorney for you. You must submit the requests for waiver of
court costs or appointment of an attorney directly to the court, not the Commission.
0520180574

3
The court has the sole discretion to grant or deny these types of requests. Such requests do not
alter the time limits for filing a civil action (please read the paragraph titled Complainant’s Right
to File a Civil Action for the specific time limits).

FOR THE COMMISSION:

______________________________ Carlton M. Hadden’s signature
Carlton M. Hadden, Director
Office of Federal Operations

November 16, 2018
Date