[Redacted], Janet B., 1 Complainant,v.Louis DeJoy, Postmaster General, United States Postal Service (Headquarters), Agency.

Equal Employment Opportunity Commission

Jan 12, 2021

Appeal No. 2020002287 (E.E.O.C. Jan. 12, 2021)

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P.O. Box 77960 Washington, DC 20013 Janet B.,1 Complainant, v. Louis DeJoy, Postmaster General, United States Postal Service (Headquarters), Agency. Request No. 2021000074 Appeal No. 2020002287 Agency No. 4X-148-0005-20 DECISION ON REQUEST FOR RECONSIDERATION Complainant timely requested that the Equal Employment Opportunity Commission (EEOC or Commission) reconsider its decision in Janet B. v. U.S. Postal Serv., EEOC Appeal No. 2020002287 (Sept. 3, 2020). EEOC Regulations provide that the Commission may, in its discretion, grant a request to reconsider any previous Commission decision issued pursuant to 29 C.F.R. § 1614.405(a), 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(c). Complainant, a Customer Care Agent at the Agency's Customer Call Center in Los Angeles, California, filed a formal complaint alleging that the Agency subjected her to discrimination on the bases of disability, age, and reprisal when, between October 18, 2016, and March 30, 2019, she was working a flexible and compressed work schedule of four 10-hour days per week and she was denied overtime for the two hours per day she worked more than eight hours and was only paid eight hours for her holidays. 1 This case has been randomly assigned a pseudonym which will replace Complainant’s name when the decision is published to non-parties and the Commission’s website. 2021000074 2 The Agency dismissed the complaint pursuant to 29 C.F.R. § 1614.107(a)(1) for failure to state a claim. The appellate decision affirmed the Agency’s dismissal decision. The Commission determined that Complainant, who worked a compressed work schedule, was claiming she should have been paid overtime rates for the two hours worked over eight hours on any day, as well as challenging her receipt of only eight hours of pay for holidays. Complainant primarily argued that management violated the collective bargaining agreement and/or misinterpreted two national Memoranda of Understanding between the Agency and the union. The Commission concluded that Complainant’s allegations amounted to a collateral attack on the Agency’s collective bargaining agreement and that such claims should be raised through the negotiated grievance procedure or before the National Labor Relations Board. In addition, the Commission noted that Complainant’s allegations constituted a generalized grievance because the record showed that over 200 employees at Complainant’s facility who worked a four-day/ten-hour schedule were treated in the same manner. Accordingly, the Commission determined that the Agency properly dismissed the complaint. In the instant request for reconsideration, Complainant rehashes arguments raised in her appeal, and again insists that she should have been paid overtime. The Commission emphasizes that a request for reconsideration is not a second appeal. Equal Employment Opportunity Management Directive for 29 C.F.R. Part 1614 (EEO MD-110), Chap. 9 § VI.A (Aug. 5, 2015); see, e.g., Lopez v. Dep't of Agric., EEOC Request No. 0520070736 (Aug. 20, 2007). A request for reconsideration is not the time for Complainant to raise new evidence or new arguments. Rather, a reconsideration request is an opportunity to demonstrate that the appellate decision involved a clearly erroneous interpretation of material fact or law, or will have a substantial impact on the policies, practices, or operations of the Agency. Complainant has not done so here. Complainant has not presented any persuasive evidence to support reconsideration of 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(c), and it is the decision of the Commission to DENY the request. The decision in EEOC Appeal No. 2020002287 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. 2021000074 3 RIGHT TO REQUEST COUNSEL (Z0815) If you want to file a civil action but cannot pay the fees, costs, or security to do so, you may request permission from the court to proceed with the civil action without paying these fees or costs. Similarly, if you cannot afford an attorney to represent you in the civil action, you may request the court to appoint an attorney for you. You must submit the requests for waiver of court costs or appointment of an attorney directly to the court, not the Commission. The court has the sole discretion to grant or deny these types of requests. Such requests do not alter the time limits for filing a civil action (please read the paragraph titled Complainant’s Right to File a Civil Action for the specific time limits). FOR THE COMMISSION: ______________________________ Carlton M. Hadden’s signature Carlton M. Hadden, Director Office of Federal Operations January 12, 2021 Date