0520090574
12-15-2009
Ricky Williams, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Ricky Williams,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Request No. 0520090574
Appeal No. 0120091196
Agency No. 1H391001708
DENIAL
Complainant timely requested reconsideration of the decision in Ricky
Williams v. United States Postal Service, EEOC Appeal No. 0120091196
(April 14, 2009). 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).
Complainant initially filed a complaint alleging discrimination when he
was issued a letter of warning and when he was issued a 14 day suspension.
The matters were investigated and complainant requested a hearing before
an EEOC Administrative Judge (AJ). Complainant subsequently amended the
complaint to include the issue of removal from the agency, which made
the matter a mixed case complaint. In August 2008, the AJ accepted
complainant's motion to amend and returned the case to the agency,
noting that because the removal fell within the jurisdiction of the
Merit Systems Protection Board (MSPB) "the parties understood that if
the removal claim was added that [sic] the case would become a mixed
case complaint." The agency completed its investigation of the removal
matter and issued a Final Agency Decision, finding no discrimination
and giving complainant appeal rights to the MSPB, not the Commission.
Complainant nevertheless appealed to the Commission and in a decision
dated April 14, 2009 we dismissed complainant's appeal on the grounds
that we lacked present jurisdiction over the matter. See Williams v USPS,
EEOC Appeal No. 0120091196.
Complainant now seeks reconsideration of that decision. Complainant
argues that he was not given the option to choose whether to file
a mixed case complaint or a mixed case appeal. We note however that
because complainant sought to amend his non-mixed complaint to include
the removal matter, the only possible option was to make the complaint a
mixed case complaint and not a mixed case appeal. Furthermore, as noted
above, complainant was aware that by amending the complaint, it would
become a mixed case complaint.
After reconsidering 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. The decision in EEOC Appeal No. 0120091196 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 (P0408)
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 (Z1008)
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 15, 2009
__________________
Date
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0520090574
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
3
0520090574