0520110610
01-06-2012
Pietro Abiuso, Complainant, v. Patrick R. Donahoe, Postmaster General, United States Postal Service (Northeast Area), Agency.
Pietro Abiuso,
Complainant,
v.
Patrick R. Donahoe,
Postmaster General,
United States Postal Service
(Northeast Area),
Agency.
Request Nos. 0520110610, 0520110607
Appeal Nos. 0120111593, 0120111594
Agency Nos. 4B-117-009-910, 4B-117-003-11
DENIAL
Complainant timely requested reconsideration of the decision in Pietro
Abiuso v. United States Postal Service, EEOC Appeal Nos. 0120111593,
0120111594 (June 21, 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
Complainant’s complaints. We found that Complainant’s complaints
failed to state a claim under EEOC regulations because an employee
cannot use the EEO complaint process to lodge a collateral attack on
another proceeding. Specifically, we found that both complaints regarded
unemployment compensation hearings held by the Department of Labor. We
found that the proper forum for Complainant to have raised his challenges
to actions which occurred during the unemployment compensation proceedings
was at those proceedings themselves.
In his request for reconsideration, Complainant, in pertinent
part, contends that the Commission improperly consolidated his
complaints. Complainant also contends that his complaints are not related
to his unemployment compensation hearings. Complainant contends that he
was subjected to a pattern of retaliation.
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. As determined in our previous decision, Complainant cannot
use the EEO complaint process to lodge a collateral attack on a non-EEO
process. See Wills v. Dep't of Defense, EEOC Request no. 05970596 (July
30, 1998). We note 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). Rather, a complainant seeking reconsideration must meet
one of the criteria set forth above.
The decisions in EEOC Appeal Nos. 0120111593, 0120111594 remain 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
January 6, 2012
Date
Date
2
0520110610
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
2
0520110610, 0520110607