Rosendo F.,1 Complainant,v.Megan J. Brennan, Postmaster General, United States Postal Service (Pacific Area), Agency.Download PDFEqual Employment Opportunity CommissionAug 7, 20180520180262 (E.E.O.C. Aug. 7, 2018) Copy Citation U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P.O. Box 77960 Washington, DC 20013 Rosendo F.,1 Complainant, v. Megan J. Brennan, Postmaster General, United States Postal Service (Pacific Area), Agency. Request No. 0520180262 Appeal No. 0120180493 Agency No. 4F-920-0152-17 DECISION ON REQUEST FOR RECONSIDERATION Complainant timely requested that the Equal Employment Opportunity Commission (EEOC or Commission) reconsider its decision in EEOC Appeal No. 0120180493 (February 9, 2018). 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). In his underlying complaint, Complainant, a Postal Support Employee Clerk, claimed that he was discriminated against on the basis of unfairness when he learned on September 14, 2016, after speaking with the Acting Plant Manager, that his seniority date was incorrect and had never been corrected. Complainant further claimed that due to his seniority date being incorrectly reported, coworkers hired after him were converted to career status. 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. 0520180262 2 In its final decision, the Agency dismissed the complaint pursuant to 29 C.F.R. § 1614.107(a)(2) on the grounds that Complainant failed to initiate contact with an EEO Counselor in a timely manner. On appeal, the Commission affirmed the Agency’s dismissal of the complaint. The Commission found that the alleged discriminatory event occurred on September 14, 2016, but Complainant did not initiate contact with an EEO Counselor until June 20, 2017, which is beyond the 45-day limitation period. The Commission found that Complainant did not provide adequate justification for extending the 45-day limitation period. In his request for reconsideration, Complainant argues that the most recent discrimination occurred on May 27, 2017, which therefore makes his June 20, 2017 EEO contact timely. Complainant states that on May 27, 2017, he was skipped for coming back to work when he was supposed to, and therefore he lost his seniority. We observe that Complainant has not presented sufficient persuasive evidence in support of his position. The Commission emphasizes that a request for reconsideration is not a second appeal to the Commission. Equal Employment Opportunity Management Directive for 29 C.F.R. Part 1614 (EEO MD-110), at 9-18 (Aug. 5, 2015); see, e.g., Lopez v. Dep't of Agric., EEOC Request No. 0520070736 (Aug. 20, 2007). 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. The record reveals that Complainant initially learned on September 14, 2016, that his seniority date was incorrect. Complainant subsequently filed grievances concerning this matter but he did not initiate the EEO process until June 20, 2017, which was after the expiration of the 45-day limitation period. We discern no persuasive argument or evidence in Complainant’s request for reconsideration that satisfy the criteria for granting a request to reconsider. 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. 0120180493 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. 0520180262 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 August 7, 2018 Date Copy with citationCopy as parenthetical citation