Request No. 0520170038

Equal Employment Opportunity Commission

Jan 25, 2017

0520170038 (E.E.O.C. Jan. 25, 2017)

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

Terreance P. Robinson, a/k/a
Wade K.,1
Grievant,

v.

Megan J. Brennan,
Postmaster General,
United States Postal Service,
Agency.

Request No. 0520170038

Appeal No. 0220150012

Agency No. J11N-4J-D5052837

DECISION ON REQUEST FOR RECONSIDERATION

Grievant timely requested reconsideration of the decision in EEOC Appeal No. 0220150012
(September 1, 2016). 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(c).

According to the previous decision, Grievant filed a grievance after being issued a proposed
notice of removal. The previous decision found no indication that Grievant raised any claims
of discrimination in his grievance and dismissed his appeal after determining that the Agency
was not covered by 5 U.S.C. § 7121(d), which authorizes claims of employment
discrimination to be processed as negotiated grievances as long as the collective bargaining
agreement provides for such processing. The previous decision also noted that Grievant had
contacted an EEO Counselor regarding his claims of discrimination on the same issue.
Grievant has not submitted any argument or evidence tending to support his request for
reconsideration.

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.
0520170038

2
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. 0220150012 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.

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. signature
Carlton M. Hadden, Director
Office of Federal Operations

January 25, 2017
Date