George McCurdy, Jr., Complainant,v.John E. Potter, Postmaster General, United States Postal Service, Agency.

Equal Employment Opportunity CommissionNov 8, 2001
01A12212_r (E.E.O.C. Nov. 8, 2001)

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George McCurdy, Jr., Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.

George McCurdy, Jr. v. United States Postal Service


November 8, 2001


George McCurdy, Jr.,



John E. Potter,

Postmaster General,

United States Postal Service,


Appeal No. 01A12212

Agency Nos. 4-H-335-0053-01, et al.


The record reveals that complainant filed five separate formal EEO

complaints wherein he claimed that he was discriminated against on

the basis of reprisal for his previous EEO activity when despite his

having provided the necessary medical documentation, he was charged with

being absent without leave (AWOL) during the period of October 2, 2000,

through October 13, 2000.

In its decision, the agency dismissed all of the complaints on the

grounds that they state the same claim that is pending before or has been

decided by the agency or the Commission. The agency determined that

complainant filed an identical complaint, Agency No. 4-H-335-0014-01,

on November 8, 2000. Thereafter, complainant filed the instant appeal.

The regulation set forth at 29 C.F.R. � 1614.107(a)(1) provides that

the agency shall dismiss a complaint that states the same claim that

is pending before or has been decided by the agency or Commission.

The Commission finds that the agency's dismissal of the complaint was

proper pursuant to � 1614.107(a)(1).

The agency's decision dismissing the complaint is AFFIRMED.



The Commission may, in its discretion, reconsider the decision in this

case if the complainant or the agency submits a written request containing

arguments or evidence which tend to establish 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.

Requests to reconsider, with supporting statement or brief, must be filed

with the Office of Federal Operations (OFO) within thirty (30) calendar

days of receipt of this decision or within twenty (20) calendar days of

receipt of another party's timely request for reconsideration. See 29

C.F.R. � 1614.405; Equal Employment Opportunity Management Directive for

29 C.F.R. Part 1614 (EEO MD-110), 9-18 (November 9, 1999). All requests

and arguments must be submitted to the Director, Office of Federal

Operations, Equal Employment Opportunity Commission, P.O. Box 19848,

Washington, D.C. 20036. In the absence of a legible postmark, the

request to reconsider shall be deemed timely filed if it is received by

mail within five days of the expiration of the applicable filing period.

See 29 C.F.R. � 1614.604. The request or opposition must also include

proof of service on the other party.

Failure to file within the time period will result in dismissal of your

request for reconsideration as untimely, unless extenuating circumstances

prevented the timely filing of the request. Any supporting documentation

must be submitted with your request for reconsideration. The Commission

will consider requests for reconsideration filed after the deadline only

in very limited circumstances. See 29 C.F.R. � 1614.604(c).


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. If you

file a request to reconsider and also file a civil action, filing a civil

action will terminate the administrative processing of your complaint.


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").



Carlton M. Hadden, Director

Office of Federal Operations

November 8, 2001