Taylor G.,1 Complainant,v.Megan J. Brennan, Postmaster General, United States Postal Service (Northeast Area), Agency.Download PDFEqual Employment Opportunity CommissionFeb 15, 20180520170586 (E.E.O.C. Feb. 15, 2018) Copy Citation 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. 0520170586 2 [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. 0520170586 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 February 15, 2018 Date Copy with citationCopy as parenthetical citation