05990401
07-22-1999
Barbara E. Williams, ) 0467, 0401
William V. McElroy, Barbara E. Williams, George Williams v. United
States Postal Service
05990401
July 22, 1999
William V. McElroy, ) Request Nos. 05990454,
Barbara E. Williams, ) 0467, 0401
George Williams, ) Appeal Nos. 01970932,
Appellants, ) 0716, 0575
) Agency Nos. 1D-281-1012-96
) 1008-96, 1013-96
) Hearing Nos. 140-96-8120X,
William J. Henderson, ) 8121X, 8122X
Postmaster General, )
United States Postal Service, )
Agency. )
___________________________________)
DENIAL OF REQUEST FOR RECONSIDERATION
Willaim V. McElroy, Barbara E. Williams, and George Williams, (appellants)
timely<1> initiated requests to the Equal Employment Opportunity
Commission (EEOC) to reconsider the decision in McElroy, Williams
and Williams v. USPS, EEOC Appeal Nos. 01970932, 01970716, and 01970575
(February 3, 1999). EEOC Regulations provide that the Commissioners
may, in their discretion, reconsider any previous Commission decision.
29 C.F.R. �1614.407(a). The party requesting reconsideration must submit
written argument or evidence which tends to establish one or more of
the following three criteria: new and material evidence is available
that was not readily available when the previous decision was issued,
29 C.F.R. �1614.407(c)(1); the previous decision involved an erroneous
interpretation of law, regulation or material fact, or misapplication of
established policy, 29 C.F.R. �1614.407(c)(2); and the previous decision
is of such exceptional nature as to have substantial precedential
implications, 29 C.F.R. �1614.407(c)(3). Appellants' requests are denied.
After a review of appellants' requests for reconsideration, the previous
decision, and the entire records, the Commission finds appellants'
requests do not meet the criteria of 29 C.F.R. �1614.407(c), and
it is the decision of the Commission to deny appellants' requests.
The decision of the Commission in Appeal Nos. 01970932, 01970716, and
01970515 remains the Commission's final decision. There is no further
right of administrative appeal from the decision of the Commission on
these requests for reconsideration.
RIGHT TO FILE A CIVIL ACTION (P0993)
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.
It is the position of the Commission that 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.
You should be aware, however, that courts in some jurisdictions have
interpreted the Civil Rights Act of 1991 in a manner suggesting that
a civil action must be filed WITHIN THIRTY (30) CALENDAR DAYS from the
date that you receive this decision. To ensure that your civil action
is considered timely, you are advised to file it WITHIN THIRTY (30)
CALENDAR DAYS from the date that you receive this decision or to consult
an attorney concerning the applicable time period in the jurisdiction
in which your action would be filed. 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 (Z1092)
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:
July 22, 1999
____________ ___________________________
Date Frances M. Hart
Executive Officer
Executive Secretariat
1William McElroy filed his request on February 25, 1999, Barbara E.
Williams filed on February 22, 1999, and George Williams filed on February
22, 1999.