05A30504
03-20-2003
Edward J. Simpkins, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Edward J. Simpkins v. United States Postal Service
05A30504
March 20, 2003
.
Edward J. Simpkins,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Request No. 05A30504
Appeal No. 01A24718
Agency No. 1K-201-0031-96
Hearing No. 100-A2-7243X
DENIAL OF REQUEST FOR RECONSIDERATION
The Complainant initiated a request to the Equal Employment Opportunity
Commission (EEOC or Commission) to reconsider the decision in Edward
J. Simpkins v. United States Postal Service, EEOC Appeal No. 01A24718
(February 4, 2003). 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).
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. In complainant's
petition, he reiterates his claim made below, that the Commission's
previous decision was made without benefit of full documentation of
the record. He contends that unidentified documentation supporting his
claims exists, but is unavailable due to the closure of the Brentwood
Postal facility for anthrax contamination. Complainant failed to proffer,
however, the content of such documentation or how it would support his
claim of discrimination. In addition, complainant failed to demonstrate
that our previous decision was based on an erroneous interpretation
of fact or law. At no time in complainant's documentation or in his
affidavit statement has he demonstrated a connection between his protected
classes and the agency's disciplinary actions for his poor attendance.
Therefore, for these reasons, the decision in EEOC Appeal No. 01A24718
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
March 20, 2003
__________________
Date