Taylor G.,1 Complainant,v.Megan J. Brennan, Postmaster General, United States Postal Service (Northeast Area), Agency.

Equal Employment Opportunity Commission

Feb 15, 2018

0520170586 (E.E.O.C. Feb. 15, 2018)

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

Taylor G.,1
Complainant,

v.

Megan J. Brennan,
Postmaster General,
United States Postal Service
(Northeast Area),
Agency.

Request No. 0520170586

Appeal No. 0120171404

Agency No. 1B102000616

DECISION ON REQUEST FOR RECONSIDERATION

Complainant requested that the Equal Employment Opportunity Commission (EEOC or
Commission) reconsider its decision in EEOC Appeal No. 0120171404 (July 21, 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).

On July 26, 2016, Complainant signed a settlement agreement that stated in relevant part:

FIRST: The Postal Service agrees to rescind the Notice of Proposed Removal dated May
25, 2016 issued to [Complainant]. The Agency will also expunge any and all discipline
currently in [Complainant’s] Official personnel folder. In consideration for the above
noted actions, [Complainant] agrees to take a voluntary demotion to the position of Mail
Handler (full time) . . . [.] PS Form 50 will be issued reflecting this demotion,

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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[Complainant] will have no restrictions (other than any contained in the ELM or relevant
CBAs) on applying for craft or management positions. . . .

SECOND: The Agency agrees to pay to [Complainant] any and all night differential to
which he is entitled by virtue of his being on Administrative Leave from pay period 23 of
FY 2015 up until his return to work. The Agency agrees to pay [Complainant] for annual
leave in the amount of 46 hours. The Agency also agrees to pay [Complainant] 24 hours
of pay for various appearances.

By letter dated December 24, 2016, Complainant alleged breach of the agreement. Complainant
alleged that the Agency failed to select him for numerous positions. On January 19, 2017, the
Agency issued decision finding no breach. The Agency found that the agreement did not require
the Agency to select Complainant for any positions. The Agency also noted that the nonselection
claims were being processed separately.

In his request for reconsideration, Complainant largely reiterates arguments that were fully
considered on appeal. Complainant also raises some new arguments that were not raised in his
December 24, 2016 breach claim. 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’s new arguments do not demonstrate that
the appellate decision involved a clearly erroneous interpretation of material fact or law, or that
the decision will have a substantial impact on the policies, practices, or operations of the Agency.
Accordingly, those claims will not be considered here for the first time.

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. 0120171404 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 15, 2018
Date