Melvin P. Hollimon, Complainant,v.John E. Potter, Postmaster General, United States Postal Service, (Southeast Area), Agency.

Equal Employment Opportunity CommissionJul 11, 2001
05A10245 (E.E.O.C. Jul. 11, 2001)

05A10245

07-11-2001

Melvin P. Hollimon, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, (Southeast Area), Agency.


Melvin P. Hollimon v. United States Postal Service

05A10245

July 11, 2001

.

Melvin P. Hollimon,

Complainant,

v.

John E. Potter,

Postmaster General,

United States Postal Service,

(Southeast Area),

Agency.

Request No. 05A10245

Appeal No. 01981377

Agency No. 4H-350-2724-93

Hearing No. 130-97-8018

DENIAL OF REQUEST FOR RECONSIDERATION

The agency initiated a request to the Equal Employment Opportunity

Commission (EEOC or Commission) to reconsider the decision in Melvin

Hollimon v. Social Security Administration, EEOC Appeal No. 01981377

(December 22, 2000). By regulation, requests for reconsideration must

be filed within 30 calendar days after the party receives our previous

decision. 29 C.F.R. � 1614.405(b). A document is timely if it is received

or postmarked before the expiration of the applicable filing period. 29

C.F.R. � 1614.604(b).

The previous decision was received by the agency on December 29, 2000.

The decision informed the agency of its right to request reconsideration,

the regulatory time limit to do so, and the EEOC address where the request

should be sent. The agency's request for reconsideration was filed on

January 30, 2001, after the 30 calendar day limitation period. The agency

has not submitted adequate argument or evidence to justify its delay.

Accordingly, the agency's request for reconsideration is untimely and

is DISMISSED. The Commission's decision in EEOC Appeal No. 01981377

remains the Commission's final decision in this matter. There is no

further right of administrative appeal on the decision of the Commission

on this request for reconsideration.

ORDER

The agency is ORDERED to take the following remedial action, to the

extent that it has not already done so:

1. Within thirty (30) calendar days of the date this decision becomes

final, the agency shall retroactively place complainant into a position

of Distribution Clerk, Part-Time-Flexible. Complainant shall be given

a minimum of fifteen (15) days from receipt of the offer of placement

within which to accept or decline the offer. Failure to accept the offer

within the time period set by the agency will be considered a rejection

of the offer, unless complainant can show that circumstances beyond his

control prevented a response within the time limit.

2. The agency will provide four (4) hours of EEO training within the

next four months, with an emphasis on Title VII of the Civil Rights

Act of 1964 (Title VII), as amended, 42 U.S.C. � 2000e et seq. for all

relevant officials.

3. The agency shall determine the appropriate amount of back pay and

other benefits due complainant, pursuant to 29 C.F.R. � 1614.501,

no later than sixty (60) calendar days after the date this decision

becomes final. Complainant shall cooperate in the agency's efforts

to compute the amount of backpay and benefits due, and shall provide

all relevant information requested by the agency. If there is a dispute

regarding the exact amount of back pay and/or benefits, the agency shall

issue a check to complainant for the undisputed amount within sixty (60)

calendar days of the date the agency determines the amount it believes

to be due. Complainant may petition for enforcement or clarification

of the amount in dispute. The petition for clarification or enforcement

must be files with the Compliance Officer, at the address referenced in

the statement entitles Implementation of the Commission's decision.

4. The agency is further directed to submit a report of compliance, as

provided in the statement entitled "Implementation of the Commission's

Decision." The report shall include supporting documentation verifying

that the corrective action has been implemented.

5. The agency will post a notice as provided for below.

POSTING ORDER (G0900)

The agency is ordered to post at its Long Beach, Mississippi facility

copies of the attached notice. Copies of the notice, after being

signed by the agency's duly authorized representative, shall be posted

by the agency within thirty (30) calendar days of the date this decision

becomes final, and shall remain posted for sixty (60) consecutive days,

in conspicuous places, including all places where notices to employees are

customarily posted. The agency shall take reasonable steps to ensure that

said notices are not altered, defaced, or covered by any other material.

The original signed notice is to be submitted to the Compliance Officer

at the address cited in the paragraph entitled "Implementation of the

Commission's Decision," within ten (10) calendar days of the expiration

of the posting period.

ATTORNEY'S FEES (H0900)

If complainant has been represented by an attorney (as defined by

29 C.F.R. � 1614.501(e)(1)(iii), he/she is entitled to an award of

reasonable attorney's fees incurred in the processing of the complaint.

29 C.F.R. � 1614.501(e). The award of attorney's fees shall be paid

by the agency. The attorney shall submit a verified statement of fees

to the agency -- not to the Equal Employment Opportunity Commission,

Office of Federal Operations -- within thirty (30) calendar days of this

decision becoming final. The agency shall then process the claim for

attorney's fees in accordance with 29 C.F.R. � 1614.501.

COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (P0900)

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 (Z1199)

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:

______________________________

Carlton M. Hadden, Director

Office of Federal Operations

July 11, 2001

Date

NOTICE TO EMPLOYEES

POSTED BY ORDER OF THE

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

An Agency of the United States Government

This Notice is posted pursuant to an Order by the United States Equal

Employment Opportunity Commission dated which found that

a violation of Title VII of the Civil Rights Act of 1964, as amended,

42 U.S.C. � 2000e et seq. has occurred at the Long Beach, Mississippi,

Post Office (hereinafter �facility�).

Federal law requires that there be no discrimination against any

employee or applicant for employment because of the person's RACE,

COLOR, RELIGION, SEX, NATIONAL ORIGIN, AGE, or PHYSICAL or MENTAL

DISABILITY with respect to hiring, firing, promotion, compensation,

or other terms, conditions or privileges of employment.

The facility supports and will comply with such Federal law and will

not take action against individuals because they have exercised their

rights under law.

The facility was found to have unlawfully discriminated against the

individual affected by the Commission's findings on the basis of race

and sex when the agency failed to convert him to a part-time flexible

position. The agency shall therefore remedy the discrimination by

offering to retroactively convert complainant and awarding him the pay

he would have received but for the discrimination. The facility will

ensure that officials responsible for personnel decisions and terms and

conditions of employment will abide by the requirements of all Federal

equal employment opportunity laws.

The facility will not in any manner restrain, interfere, coerce, or

retaliate against any individual who exercises his or her right to

oppose practices made unlawful by, or who participates in proceedings

pursuant to, Federal equal employment opportunity law.

______________________________

Date Posted:

Posting Expires:

29 C.F.R. Part 1614