0520120125
02-23-2012
Sandie P. Chu, Complainant, v. Patrick R. Donahoe, Postmaster General, United States Postal Service (Pacific Area), Agency.
Sandie P. Chu,
Complainant,
v.
Patrick R. Donahoe,
Postmaster General,
United States Postal Service
(Pacific Area),
Agency.
Request No. 0520120125
Appeal No. 0120112692
Hearing No. 550-2011-00219X
Agency No. 4F940009709
DENIAL
Complainant timely requested reconsideration of the decision in Sandie
P. Chu v. U.S. Postal Service, EEOC Appeal No. 0120112692 (October
14, 2011). 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).
The facts and procedural background are set forth in the previous decision
and are incorporated herein by reference. The previous decision affirmed
the Agency’s final order after finding that the EEOC Administrative
Judge’s issuance of a decision without a hearing was appropriate and
that the preponderance of the record evidence did not establish that
discrimination occurred. In her request for reconsideration, Complainant
asks that we reconsider the previous decision because, contrary to the
Agency’s claim that the procedures it used to reduce the number of Mail
Processing Clerks at its San Francisco Processing & Distribution Center
(P&DC) was based on seniority rankings, a Black clerk who was junior to
her was allowed to remain at the facility in a full-time position while
she had to take a part-time position in order to remain. Complainant also
maintained that the Agency’s actions violated its contract with the
Union and therefore would have a substantial impact on the policies,
practices and operations of the Agency.
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(b), and it is the decision of the Commission
to DENY the request. We remind Complainant 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) (rev. Nov. 9, 1999), at 9-17. A reconsideration request
is an opportunity to demonstrate that the previous decision involved
a clearly erroneous interpretation of material fact or law; or (2) will
have a substantial impact on the policies, practices, or operations of the
Agency. Here, we find no evidence that Complainant has met the criteria
for reconsideration. As noted by the previous decision, Complainant
was given the option to either accept a full-time position at another
facility or to remain at the P&DC with the possibility of her hours
being reduced. Complainant voluntarily chose to remain. With respect
to the Black Clerk that Complainant maintained was treated differently
than she was, the record indicates that that individual as not a Clerk
at the time in question, but was in the Supervisor training program.
Furthermore, the Commission does not have the authority to enforce
the collective bargaining agreement or, absent a finding of unlawful
discrimination, to correct its alleged violations.
The decision in EEOC Appeal No. 0120112692 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 (Z0610)
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
__2/23/12________________
Date
2
0520120125
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
2
0520120125