05990388
11-04-1999
Hubert A. Williams, Appellant, v. William J. Henderson, Postmaster General, United States Postal Service, (New York Metro and Northeast Areas), Agency.
Hubert A. Williams v. United States Postal Service
05990388
November 4, 1999
Hubert A. Williams, )
Appellant, )
) Request No. 05990388
v. ) Appeal No. 01981408
) Agency No. 4A-100-0153-97
William J. Henderson, )
Postmaster General, )
United States Postal Service, )
(New York Metro and )
Northeast Areas), )
Agency. )
)
DENIAL OF REQUEST FOR RECONSIDERATION
On February 13, 1999, Hubert A. Williams (appellant) timely initiated a
request to the Equal Employment Opportunity Commission (the Commission)
to reconsider the decision in Hubert A. Williams v. William J. Henderson,
Postmaster General, United States Postal Service, EEOC Appeal No. 01981408
(January 14, 1999). EEOC regulations provide that the Commissioners
may, in their discretion, reconsider any previous Commission decision.
29 C.F.R. �1614.407(a). The party requesting reconsideration must
submit written argument or evidence which tends to establish one or
more of the following three criteria: (1) new and material evidence is
available that was not readily available when the previous decision was
issued, 29 C.F.R. �1614.407(c)(1); (2) the previous decision involved
an erroneous interpretation of law or regulation, or material fact,
or a misapplication of established policy, 29 C.F.R. �1614.407(c)(2);
and (3) the decision is of such exceptional nature as to have substantial
precedential implications, 29 C.F.R. �1614.407(c)(3). Appellant's request
is denied.
After a review of appellant's request for reconsideration, the previous
decision, and the entire record, the Commission finds appellant's request
does not meet the criteria of 29 C.F.R. �1614.407(a), and it is the
decision of the Commission to deny appellant's request. The decision
in EEOC Appeal No. 01981408 remains the Commission's final decision in
this matter. The agency shall comply with the ORDER in the previous
decision, as restated below. There is no further right of administrative
appeal on the decision of the Commission on this Request to Reconsider.
ORDER (E1092)
The agency shall supplement the record with an affidavit from the
EEO Counselor addressing whether appellant raised allegations 10 and
11<1> with an EEO Counselor.<2> The agency shall then redetermine
whether allegations 10 and 11 should be dismissed pursuant to 29
C.F.R. �1614.107(b). Within 30 days of the date this decision becomes
final, the agency shall either issue a letter to appellant accepting
allegations 10 and 11 for investigation or issue a new decision dismissing
allegations 10 and 11. A copy of the letter accepting allegations 10
and 11 or new decision dismissing allegations 10 and 11 must be sent to
the Compliance Officer as referenced herein.
IMPLEMENTATION OF THE COMMISSION'S DECISION (K0595)
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 appellant. If the agency does not comply with the Commission's
order, the appellant may petition the Commission for enforcement of
the order. 29 C.F.R. �1614.503(a). The appellant 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. ��1614.408, 1614.409, and 1614.503(g). Alternatively,
the appellant 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. ��1614.408 and 1614.409. 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
appellant files a civil action, the administrative processing of the
complaint, including any petition for enforcement, will be terminated. See
29 C.F.R. �1614.410.
RIGHT TO FILE A CIVIL ACTION (P0993)
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. It
is the position of the Commission that 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. You should
be aware, however, that courts in some jurisdictions have interpreted
the Civil Rights Act of 1991 in a manner suggesting that a civil action
must be filed WITHIN THIRTY (30) CALENDAR DAYS from the date that you
receive this decision. To ensure that your civil action is considered
timely, you are advised to file it WITHIN THIRTY (30) CALENDAR DAYS
from the date that you receive this decision or to consult an attorney
concerning the applicable time period in the jurisdiction in which your
action would be filed. 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 (Z1092)
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:
11/04/99
_______________ _________________________________
DATE Carlton M. Hadden, Acting Director
1Allegation No. 10 states that on the basis of race (Black) and sex (male),
on July 18, 1997, appellant was charged with 8 hours AWOL, when he worked
and was not paid. Allegation No. 11 states that on the basis of race
(Black) and sex (male), on July 21, 1997, appellant was removed from his
bid position, sent to Old Chelsea Station, and was replaced by another
employee.
2In response to appellant's request for reconsideration, the agency
provides evidence that in the course of complying with the decision below,
it determined that allegations 10 and 11 were accepted for investigation
in connection with another complaint, and accordingly should be dismissed.
Despite the evidence provided herein, the agency is obligated to issue
a new FAD in accordance with the Commission's Order.