Vanessa L. Davis, Complainant,v.Patrick R. Donahoe, Postmaster General, United States Postal Service (Pacific Area), Agency.

Equal Employment Opportunity CommissionMar 29, 2012
Request No. 0520120205 (E.E.O.C. Mar. 29, 2012)

Request No. 0520120205

03-29-2012

Vanessa L. Davis, Complainant, v. Patrick R. Donahoe, Postmaster General, United States Postal Service (Pacific Area), Agency.




Vanessa L. Davis,

Complainant,

v.

Patrick R. Donahoe,

Postmaster General,

United States Postal Service

(Pacific Area),

Agency.

Request No. 0520120205

Appeal No. 0120112404

Agency No. 4F-900-0397-09

DENIAL

Complainant timely requested reconsideration of the decision in Vanessa

L. Davis v. U.S. Postal Service, EEOC Appeal No. 0120112404 (December

2, 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. In the previous decision, the

Commission agreed with Complainant that the Agency violated the terms

of the parties’ October 8, 2009, settlement agreement. The previous

decision ordered the Agency to specifically implement the terms of the

settlement agreement by providing the mandated training to E1 and E2.1

In her request for reconsideration, Complainant, through her

representative, simply restates the same arguments set forth on appeal,

i.e., that only Complainant completed the training and that the Agency

should specifically enforce the settlement agreement. 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.

The decision in EEOC Appeal No. 0120112404 remains the Commission's

decision. There is no further right of administrative appeal on the

decision of the Commission on this request.

ORDER

Within thirty calendar days of this decision becoming final and to the

extent it has not already done so, the Agency shall comply with the

provisions of the October 8, 2009 settlement agreement, as referenced

above, with regard to E1 and E2.

IMPLEMENTATION OF THE COMMISSION’S DECISION (K0610)

Compliance with the Commission’s corrective action is mandatory.

The Agency shall submit its compliance report within thirty (30) calendar

days of the completion of all ordered corrective action. The report shall

be submitted to the Compliance Officer, Office of Federal Operations,

Equal Employment Opportunity Commission, P.O. Box 77960, Washington, DC

20013. The Agency’s report must contain supporting documentation, and

the Agency must send a copy of all submissions to the Complainant. If the

Agency does not comply with the Commission’s order, the Complainant

may petition the Commission for enforcement of the order. 29 C.F.R. §�

�1614.503(a). The Complainant also has the right to file a civil action

to enforce compliance with the Commission’s order prior to or following

an administrative petition for enforcement. See 29 C.F.R. §§ 1614.407,

1614.408, and 29 C.F.R. § 1614.503(g). Alternatively, the Complainant

has the right to file a civil action on the underlying complaint in

accordance with the paragraph below entitled “Right to File a Civil

Action.” 29 C.F.R. §§ 1614.407 and 1614.408. A civil action for

enforcement or a civil action on the underlying complaint is subject

to the deadline stated in 42 U.S.C. 2000e-16(c) (1994 & Supp. IV 1999).

If the Complainant files a civil action, the administrative processing of

the complaint, including any petition for enforcement, will be terminated.

See 29 C.F.R. § 1614.409.

COMPLAINANT’S RIGHT TO FILE A CIVIL ACTION (R0610)

This is a decision requiring the Agency to continue its administrative

processing of your complaint. However, if you wish to file a civil

action, you have the right to file such action in an appropriate United

States District Court within ninety (90) calendar days from the date

that you receive this decision. In the alternative, you may file a

civil action after one hundred and eighty (180) calendar days of the date

you filed your complaint with the Agency, or filed your appeal with the

Commission. 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.

Filing a civil action will terminate the administrative processing of

your complaint.

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

___3/29/12_______________

Date

1 The previous decision noted that the Agency, contrary to its claim, did

not provide evidence that E1 had completed the training. The previous

decision also rejected the Agency’s contention that because E2 no

longer functioned as a 204B supervisor the training was not required.

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0520120205

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

Office of Federal Operations

P.O. Box 77960

Washington, DC 20013

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0520120205