05990988_r
05-15-2001
Cheryl S. Bell, Complainant, v. William J. Henderson, Postmaster General, United States Postal Service, Agency.
Cheryl S. Bell v. United States Postal Service
05990988
May 15, 2001
.
Cheryl S. Bell,
Complainant,
v.
William J. Henderson,
Postmaster General,
United States Postal Service,
Agency.
Request No. 05990988
Appeal No. 01992403
Agency No. 4H-350-0370-98
DENIAL OF REQUEST FOR RECONSIDERATION
The complainant initiated a request to the Equal Employment Opportunity
Commission (EEOC or Commission) to reconsider the decision in Cheryl
S. Bell v. United States Postal Service, EEOC Appeal No. 01992403
(June 28, 1999). EEOC Regulations provide that the Commission may, in
its discretion, 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).
On September 1, 1998, complainant contacted the EEO office regarding
claims of discrimination based on race, sex, and age. Specifically,
complainant claimed that she was discriminated against when: on February
14, 1998, an individual was brought in from outside the commuting area
to serve as acting Manager, Vehicle Maintenance Facility, although she
had previously requested training in that position. The individual
was subsequently promoted to the position. Informal efforts to resolve
complainant's concerns were unsuccessful and complainant filed a formal
complaint. The agency issued a decision dismissing the complaint for
untimely EEO Counselor contact. The agency determined that complainant
contacted the EEO Counselor nearly seven months after the individual
was brought to serve as the manager, well beyond the forty-five day time
limitation. Complainant filed an appeal from the final agency decision,
and the Commission affirmed the dismissal.
After a review of the complainant's request for reconsideration, 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. 01992403 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.
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
May 15, 2001
__________________
Date