05a50507
04-21-2005
Della Busscher, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Della Busscher v. United States Postal Service
05A50507
4/21/05
.
Della Busscher,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Request No. 05A50507
Appeal No. 01A45711
Agency No. 4H-335-0125-03
DENIAL
Della Busscher (complainant) timely requested reconsideration of the
decision in Della Busscher v. United States Postal Service, EEOC Appeal
No. 01A45711 (December 29, 2004). 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).
In her formal complaint, complainant alleged that the agency discriminated
against her on the bases of sex (female), disability (right knee, dog
bite), age (D.O.B. 3/14/42) and reprisal for prior EEI activity when,
on January 16, 2003, she was removed from her assignment and her work
hours were changed. Complainant appealed the agency's final decision
which found no discrimination, and we affirmed.
In her Request, complainant states that the agency should have found her
work within her normal duty hours. After reconsidering 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. Complainant failed
to establish that the prior decision involved a clearly erroneous
interpretation of material law or fact. The decision in EEOC Appeal
No. 01A45711 remains the Commission's final decision. There is no
further right of administrative appeal on the decision of the Commission
on this request.
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
4/21/05
Date