Margaret L. Thomas, Complainant,v.Patrick R. Donahoe, Postmaster General, United States Postal Service (Headquarters), Agency.

Equal Employment Opportunity CommissionNov 22, 2011
0520110552 (E.E.O.C. Nov. 22, 2011)

0520110552

11-22-2011

Margaret L. Thomas, Complainant, v. Patrick R. Donahoe, Postmaster General, United States Postal Service (Headquarters), Agency.




Margaret L. Thomas,

Complainant,

v.

Patrick R. Donahoe,

Postmaster General,

United States Postal Service

(Headquarters),

Agency.

Request No. 0520110552

Appeal No. 0120111719

Agency No. 6X000001311

DENIAL

Complainant timely requested reconsideration of the decision in Margaret

L. Thomas v. U.S. Postal Service, EEOC Appeal No. 0120111719 (June

28, 2011). EEOC Regulations provide that the Commission may, in its

discretion, grant a request to 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 facts and procedural background are set forth in the previous decision

and are incorporated herein by reference. We note the following salient

facts: Complainant took disability retirement on August 22, 1992.

In 2011, she filed an EEO complaint alleging discrimination when:

(1) the Agency incorrectly calculated her retirement benefits; and

(2) OPM and the Agency did not respond to her requests to have her

retirement benefits recalculated. The previous decision affirmed the

Agency’s dismissal of Complainant’s complaint on the grounds that

her November 29, 2010, EEO Counselor contact was untimely; and that

her allegations failed to state a claim in that she was using the EEO

process to collaterally attack OPM’s determination of her benefits.

The decision noted that Complainant had unsuccessfully appealed the OPM

determination to the Merit System Protection Board and the United States

Court of Appeals for the Federal Circuit.

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(b), and it is the decision of the Commission to

deny the request. We remind Complainant that a “request for

reconsideration is not a second appeal to the Commission.” Equal

Employment Opportunity Management Directive for 29 C.F.R. Part 1614

(EEO MD-110) (rev. Nov. 9, 1999), at 9-17. A reconsideration request

is an opportunity to demonstrate that the previous decision involved

a clearly erroneous interpretation of material fact or law; or (2) will

have a substantial impact on the policies, practices, or operations of the

Agency. Here, we find no evidence that Complainant has met the criteria

for reconsideration. The decision in EEOC Appeal No. 0120111719 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 (Z0610)

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 from the Court that

the Court appoint an attorney to represent you and that the Court also

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 with

the Court 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

___11/22/11_______________

Date

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0520110552

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

Office of Federal Operations

P.O. Box 77960

Washington, DC 20013

2

0520110552