Teresita B. Chase, Complainant,v.Patrick R. Donahoe, Postmaster General, United States Postal Service (Pacific Area), Agency.

Equal Employment Opportunity CommissionDec 7, 2011
0520110658 (E.E.O.C. Dec. 7, 2011)

0520110658

12-07-2011

Teresita B. Chase, Complainant, v. Patrick R. Donahoe, Postmaster General, United States Postal Service (Pacific Area), Agency.




Teresita B. Chase,

Complainant,

v.

Patrick R. Donahoe,

Postmaster General,

United States Postal Service

(Pacific Area),

Agency.

Request No. 0520110658

Appeal No. 0120100556

Hearing No. 480-2008-00051X

Agency No. 4F-926-0205-07

DENIAL

Complainant timely requested reconsideration of the decision in

Teresita B. Chase v. U.S. Postal Service, EEOC Appeal No. 0120100556

(July 27, 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).

ISSUE PRESENTED

The issue presented is whether Complainant met the criteria for

reconsideration by demonstrating that the appellate decision: (1)

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.

BACKGROUND

In the underlying case, Complainant filed an EEO complaint alleging that

the Agency subjected her to discrimination on the basis of national origin

(Filipino) when, on or about May 7, 2007, her bid assignment for a Sales

Service/Distribution Associate position was reposted, she was excluded

from in-section bidding for a Sales Service/Distribution Associate bid,

and she was subjected to installation-wide bidding.

The appellate decision affirmed the Agency’s final order, which

adopted the AJ’s decision without a hearing finding no discrimination.

The appellate decision determined that the AJ’s decision without a

hearing was appropriate and that the preponderance of the record evidence

did not establish that unlawful discrimination occurred.

ARGUMENTS ON RECONSIDERATION

In her request for reconsideration, Complainant argued that the appellate

decision involved a clearly erroneous interpretation of material fact

or law, and will have a substantial impact on the policies, practices,

or operations of the Agency. First, Complainant asserted that the

appellate decision was “not based upon a complete understanding and

fair judgment of the facts.” Second, Complainant asserted that the

appellate decision’s findings were “a reiteration of the [Agency]’s

inaccurate and misleading statements.” Third, Complainant asserted

that the appellate decision did not properly consider her “contentions,

documentation, and arguments.”

ANALYSIS AND FINDINGS

Upon review, we find that Complainant’s request for reconsideration does

not establish that the appellate decision involved a clearly erroneous

interpretation of material fact or law, or that the appellate decision

will have a substantial impact on the policies, practices, or operations

of the Agency. Aside from her general assertions that the appellate

decision erred, Complainant did not argue with specificity about the

circumstances of the instant complaint. For example, Complainant did not

articulate any of the following: (a) what specific facts the appellate

decision misunderstood; (b) what specific inaccurate and misleading

statements the appellate decision relied on; or (c) what specific

contentions, documentation, and arguments the appellate decision failed

to consider. We emphasize that “[t]he burden is on the requesting

party to make a substantial showing that its request meets one of the

two prerequisites for a granting of reconsideration.” Equal Employment

Opportunity Management Directive for

29 C.F.R. Part 1614, at Ch. 9, § VII.B. (Nov. 9, 1999). We find that

Complainant has not met that burden.

CONCLUSION

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. The decision in EEOC Appeal No. 0120100556 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

___12/7/11_______________

Date

2

05-2011-0658

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

Office of Federal Operations

P.O. Box 77960

Washington, DC 20013

2

0520110658