Request No. 0520180068

Equal Employment Opportunity Commission

Feb 14, 2018

0520180068 (E.E.O.C. Feb. 14, 2018)

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013

Carmelo L.,1
Grievant,

v.

Timothy O. Horne,
Acting Administrator,
General Services Administration,
Agency.

Request No. 0520180068

Appeal No. 0220170001

DECISION ON REQUEST FOR RECONSIDERATION

Complainant requested that the Equal Employment Opportunity Commission (EEOC or
Commission) reconsider its decision in EEOC Appeal No. 0220170001 (September 19, 2017).
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).

Previously, on October 5, 2016, Grievant filed a grievance alleging that the Agency subjected
him to discrimination regarding:

1. While attending a conference while on leave believing he was breaking no rules,
regulations or laws, he was verbally accosted on June 21, 2016, when the Supervisor
learned that he was attending the conference.
2. The Supervisors issued Grievant a proposed Suspension which he believed
constituted harassment.
3. The Suspension was issued on September 20, 2016, which Grievant believed was not
supported.

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.
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4. Grievant asserted that the Supervisor committed misconduct in a number of instances
which he reported to the Office of Inspector.
5. Grievant raised his concern with the Director of Human Resources pertaining to his
belief that his bargaining unit status is incorrect and impacts his appeal rights through
the Union.
6. In his oral presentation on October 26, 2016, Grievant alleged that use of the terms
“Inappropriate Conduct” was not consistent with the terminology in the Agency's
Order Maintaining Discipline; rather the term “Misconduct” would be the correct
language under the Order.

On November 3, 2016, the Agency's Regional Commissioner issued a response to the grievance.
Following an investigation, the Regional Commissioner concluded that management's facts are
not in dispute and the disciplinary action was issued for reasonable cause. Therefore, the
grievance was denied.

On November 11, 2016, Grievant filed a request for review of the Agency's grievance response.
On December 20, 2016, the Agency issued a decision dismissing the grievance noting that
Grievant filed an EEO complaint on October 5, 2016. The Agency noted that Grievant may not
file a grievance on a matter that is subject to an administrative review by the EEOC. Therefore,
the Agency dismissed the grievance as not within the purview of the Agency's Office of Civil
Rights to review the Agency's November 3, 2016, Grievance Decision.

Grievant appealed to the Commission. In our previous decision, the Commission noted that as
the grievance decision was a procedural dismissal and did not address allegations of
discrimination, the Commission lacked jurisdiction over Grievant’s appeal. We noted that the
record indicated that Grievant had filed the instant matter in an EEO Complaint, namely Agency
No. GSA-16-R3-Q-0130, on September 21, 2016. Thus, the appeal was dismissed.

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. 0220170001 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.
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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

February 14, 2018
Date