0520120269
12-06-2012
Marilyn R. O'Hara, Complainant, v. Patrick R. Donahoe, Postmaster General, United States Postal Service (Southwest Area), Agency.
Marilyn R. O'Hara,
Complainant,
v.
Patrick R. Donahoe,
Postmaster General,
United States Postal Service
(Southwest Area),
Agency.
Request No. 0520120269
Appeal No. 0120110826
Agency No. 4G-770-0330-10
DENIAL
Complainant timely requested reconsideration of the decision in Marilyn R. O'Hara v. U.S. Postal Service, EEOC Appeal No. 0120110826 (December 20, 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 previous decision affirmed the Agency's dismissal of Complainant's EEO complaint on the basis that she had made untimely contact with an EEO Counselor. The decision found that as the Agency had submitted an affidavit stating that an EEO Poster which contained information about contacting an EEO Counselor was posted in the breakroom at Complainant's work facility, Complainant was deemed to have constructive knowledge of the 45-day limit to initiate counseling on an EEO complaint. In her request for reconsideration, Complainant argued that the actions of her union steward were the cause of her untimely contact, and that she did not believe the affidavit submitted by a member of the facility's management was reliable information. In its statement in opposition to Complainant's request for reconsideration, the Agency urged the Commission to affirm its previous decision.
We find that Complainant has not shown that the previous decision involved a clearly erroneous interpretation of material fact or law. Complainant has not shown that the EEO Poster was not in the breakroom at her facility, but rather that she had not reviewed the EEO Poster. Additionally, the Commission holds complainants responsible for pursuing their EEO rights, regardless of whether they have a representative, so the inactions of Complainant's union steward will not excuse her untimely filing.
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. The decision in EEOC Appeal No. 0120110826 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
December 6, 2012
Date
2
0520120269
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013