Michael C. Forsch, Complainant,v.Patrick R. Donahoe, Postmaster General, United States Postal Service (Pacific Area), Agency.

Equal Employment Opportunity CommissionDec 16, 2011
0520110568 (E.E.O.C. Dec. 16, 2011)

0520110568

12-16-2011

Michael C. Forsch, Complainant, v. Patrick R. Donahoe, Postmaster General, United States Postal Service (Pacific Area), Agency.




Michael C. Forsch,

Complainant,

v.

Patrick R. Donahoe,

Postmaster General,

United States Postal Service

(Pacific Area),

Agency.

Request No. 0520110568

Appeal No. 0120111322

Agency No. 1F-927-0078-10

DENIAL

Complainant timely requested reconsideration of the decision in Michael

C. Forsch v. U.S. Postal Service, EEOC Appeal No. 0120111322 (May

23, 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).

In our previous decision, we affirmed the Agency’s dismissal of claims

1, 2(b), 3, 4, 5, 6, and 8. Specifically, regarding claims 1 and 4, we

found that allegations pertaining to workers’ compensation benefits

are within the jurisdiction of the Office of Workers’ Compensation

Programs (OWCP) and not the EEOC. We also found that claims 3 and 6 were

not within the EEOC’s jurisdiction. We further found that Complainant

failed to timely contact an EEO Counselor with respect to claims 2(b) and

5. We also found that the Agency properly dismissed claim 8 for alleging

dissatisfaction with the processing of a previously filed case. However,

we reversed the Agency’s dismissal of claims 2(a) and 7. With respect to

claim 2(a), we found that Complainant’s denial of reasonable allegation

was timely because the EEO Counselor improperly persuaded Complainant

to withdrawal his June 15, 2009, and January 11, 2010, informal EEO

complaints. We also found that the Agency had an ongoing obligation to

provide a reasonable accommodation. Regarding claim 7, we found that

the Agency was the entity that made the determination on when to remove

Complainant’s spouse from Complainant’s health insurance. Therefore,

we found that claim 7 stated a claim and was not a collateral attack on

the Office of Personnel Management (OPM).

In his request for reconsideration, Complainant, in pertinent part,

contends that, the Agency improperly dismissed claims 1, 2b, and

6. Regarding claim 1, Complainant contends that he was denied access to

the OWCP processes based on the Agency’s conduct. Complainant contends

that his supervisor did not provide him forms to file a claim for

workers’ compensation benefits. As for claim 2b, Complainant contends

that he had previously mentioned claim 2b to the EEO Counselor, which

was contained in his previous January 11, 2010, informal complaint. With

respect to claim 6, Complainant contends that the Agency knowingly made

false statements in earning certification documents and filed false

reports of wages to OPM to reduce his disability payments.

As for claims 1 and 6, we have consistently held that any issues that

arise in the context of the processing of these claims should be addressed

by the OWCP and OPM respectively. Regarding claim 2b, notwithstanding

Complainant’s contention to the contrary, as noted in our previous

decision, we can find no evidence that Complainant raised claim 2b in

his previous informal complaint or to the EEO counselor before September

30, 2010. We remind Complainant that a request for reconsideration is

not a second form of appeal. See Lopez v. Dep't of Agriculture, EEOC

Request No. 0520070736 (Aug. 20, 2007); EEO Management Directive for

Part 1614 (EEO MD-110), Chap. 9, §VII.A. (Nov. 9, 1999). The decision

in EEOC Appeal No. 0120111322 remains the Commission's decision.

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. 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 16, 2011

Date

2

0520110538

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

Office of Federal Operations

P.O. Box 77960

Washington, DC 20013

2

0520110568