05a10792
11-08-2001
Carolnettra McCoy, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Carolnettra McCoy v. United States Postal Service
05A10792
11-08-01
.
Carolnettra McCoy,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Request No. 05A10792
Appeal No. 01A03791
Agency No. 1D-284-1003-96
Hearing No. 140-99-8232X
DECISION ON REQUEST TO RECONSIDER
On June 1, 2001, Carolnettra McCoy (complainant) timely initiated a
request to the Equal Employment Opportunity Commission to reconsider the
decision in Carolnettra McCoy v. William J. Henderson, Postmaster General,
United States Postal Service, EEOC Appeal No. 01A03791 (April 30, 2001).
EEOC regulations provide that the Commissioners may, in their discretion,
reconsider any previous decision where the party demonstrates that:
(1) the previous decision involved a clearly erroneous interpretation of
material fact or law; or (2) the decision will have a substantial impact
on the policies, practices or operation of the agency. 29 C.F.R. �
1614.405(b).
Complainant filed a formal complaint alleging discrimination based race
(black) and sex when she was issued a 14-day suspension in October 1995.
The previous decision agreed with the decision of the EEOC Administrative
Judge (AJ) that the agency did not discriminate against her. In her
request, complainant asked the Commission to enforce a decision from
the grievance procedure.<1>
Having reviewed complainant's request, we find that the request fails
to meet any of the criteria of 29 C.F.R. � 1614.405(b), and it is the
decision of the Commission to deny the request. The decision of the
Commission in EEOC Appeal No. 01A03791 (April 30, 2001) remains the
Commission's final decision. There is no further right of administrative
appeal from a decision of the Commission on a request for reconsideration.
STATEMENT OF COMPLAINANT'S RIGHTS - ON REQUEST FOR RECONSIDERATION
COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (P0900)
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:
______________________________
Carlton M. Hadden, Director
Office of Federal Operations
____11-08-01______________
Date
1Complainant misapprehends the respective functions of the EEO complaint
process and the grievance process. See 29 C.F.R. � 1614.301. Having
received a favorable decision in the grievance process, complainant
should seek enforcement therein.