05970967
01-04-1999
Mark Kessinger, Appellant, v. William J. Henderson, Postmaster General, United States Postal Service, Agency.
Mark Kessinger v. United States Postal Service
05970967
January 4, 1999
Mark Kessinger, )
Appellant, ) Request No. 05970967
) 05970968
) Appeal No. 01966165
v. ) 01966166
) Agency No. 4-G-770-1317-96
William J. Henderson, ) 4-G-770-1316-96
Postmaster General, )
United States Postal Service, )
Agency. )
)
GRANT OF REQUEST FOR RECONSIDERATION
On August 1, 1997, the United States Postal Service (agency) timely
initiated two requests to the Equal Employment Opportunity Commission
(EEOC) to reconsider the decisions in Kessinger v. USPS, EEOC Appeal
Nos. 01966165 and 01966166, (July 8, 1997). 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: 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); the previous decision
involved an erroneous interpretation of law, regulation or material fact,
or misapplication of established policy, 29 C.F.R. �1614.407(c)(2);
and the previous decision is of such exceptional nature as to have
substantial precedential implications, 29 C.F.R. �1614.407(c)(3).
The agency's requests are granted.
Both of the above appeals dealt with appellant's 7 day suspension in April
1996. Both complaints were filed on June 13, 1996. Both complaints were
dismissed as being duplicates of complaint number 4-G-770-1355-96, which
was filed on June 7, 1996. The previous decisions noted that the agency
did not provide the file for 4-G-770-1355-96, and remanded the complaints
for further processing. The previous decisions, noted however, that an
appeal of complaint 4-G-770-1355-96 was dismissed by the Commission as
premature. Kessinger v. USPS, Appeal No. 01965971 (June 23, 1997).
In its request for reconsideration, the agency provides copies
of complaint 4-G-770-1355-96, which clearly indicate it deals with
appellant's April 1996 suspension. The Commission finds it reasonable
to conclude that given appellant's numerous filings, the agency may
have believed it already submitted the copies of 4-G-770-1355-96 to the
Commission. Having reviewed the records, and and noting that appellant
has filed an untold number of complaints with the agency, the Commission
finds that the instant complaints are duplicates of the previous complaint
and no purpose would be served by remanding the matter. In addition, the
Commission cautions appellant, who is well versed in the EEO process,
about knowingly filing duplicate complaints which only serve to over
burden the EEO process. The Commission retains the right to protect its
processes and procedures from misuse and abuse. See Kleinman v. USPS,
EEOC Request No. 05940579 (September 22, 1994); Hooks v. USPS, EEOC
Appeal No. 01953852 (November 28, 1995).
After a review of the agency's requests for reconsideration, the
previous decisions, and the entire records, the Commission finds the
agency's requests meet the criteria of 29 C.F.R. �1614.407(c), and
it is the decision of the Commission to grant the agency's requests.
The decisions of the Commission in Appeal Nos. 01966165 and 01966166
are REVERSED. There is no further right of administrative appeal from
the decision of the Commission on these requests for reconsideration.
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:
JAN 4, 1999
Date Frances M. Hart
Executive Officer
Executive Secretariat