0520110552
11-22-2011
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
2
0520110552
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
2
0520110552