05a00152
05-09-2000
Annie L. Herling, Complainant, William J. Henderson, Postmaster General, United States Postal Service, Agency.
Annie L. Herling v. United States Postal Service
05A00152
May 9, 2000
Annie L. Herling, )
Complainant, )
)
) Request No. 05A00152
) Appeal No. 01993605
William J. Henderson, ) Agency No. 1-J-603-0143-98
Postmaster General, )
United States Postal Service, )
Agency. )
____________________________________)
DENIAL OF REQUEST FOR RECONSIDERATION
On November 10, 1999, complainant initiated a request to the Equal
Employment Opportunity Commission (EEOC or Commission) to reconsider
the decision in Annie L. Herling v. U.S. Postal Service, EEOC Appeal
No. 01993605 (October 8, 1999).<1> EEOC Regulations provide that the
Commission may, in its discretion, grant a party's request to reconsider
a decision issued under the regulation set forth at 64 Fed. Reg. 37,644,
37,659 (1999) (to be codified as 29 C.F.R. �1614.405(a)), if the party
demonstrates that:
the appellate decision involved a clearly erroneous interpretation
of material fact or law; or
the appellate decision will have a substantial impact on the policies,
practices, or operations of the agency.
See 64 Fed. Reg. 37,644, 37,659 (1999) (to be codified and hereinafter
referred to as 29 C.F.R. � 1614.405(b)).
After a review of the complainant's request for reconsideration,
the previous decision, and the entire record, the Commission finds
that complainant's 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. 01993605 remains the Commission's
final decision. There is no further right of administrative appeal on
the decision of the Commission on this request for reconsideration.
COMPLAINANTS' RIGHT TO FILE A CIVIL ACTION (P0400)
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 (Z1199)
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 that the Court appoint
an attorney to represent you and that the Court 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 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:
May 9, 2000
Date Carlton M. Hadden, Acting Director
Office of Federal Operations
CERTIFICATE OF MAILING
For timeliness purposes, the Commission will presume that this decision
was received within five (5) calendar days after it was mailed. I certify
that this decision was mailed to complainant, complainant's representative
(if applicable), and the agency on:
Date
1On November 9, 1999, revised regulations governing the EEOC's
federal sector complaint process went into effect. These regulations
apply to all federal sector EEO complaints pending at any stage in
the administrative process. Consequently, the Commission will apply
the revised regulations found at 64 Fed. Reg. 37,644 (1999), where
applicable, in deciding the present appeal. The regulations, as amended,
may also be found at the Commission's website at www.eeoc.gov.