Ilene M. Shell, Complainant,v.John E. Potter, Postmaster General, United States Postal Service, Agency.

Equal Employment Opportunity CommissionOct 23, 2009
0520090638 (E.E.O.C. Oct. 23, 2009)

0520090638

10-23-2009

Ilene M. Shell, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.


Ilene M. Shell,

Complainant,

v.

John E. Potter,

Postmaster General,

United States Postal Service,

Agency.

Request No. 0520090638

Appeal No. 0120092210

Agency No. 4F900022305

DENIAL

Complainant timely requested reconsideration of the decision in Ilene

M. Shell v. United States Postal Service, EEOC Appeal No. 0120092210

(August 7, 2009). 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).

Complainant filed her request merely asking the Commission to reconsider

our previous decision. Complainant failed to show that the previous

decision involved a a clearly erroneous interpretation of material fact

or law and/or would have a substantial impact on the policies, practices,

or operations of the agency. 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. The decision in EEOC Appeal

No. 0120092210 remains the Commission's 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 (P0408)

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 (Z1008)

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 from the Court that

the Court appoint an attorney to represent you and that the Court also

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 with

the Court 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

October 23, 2009

__________________

Date

2

0520090638

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

Office of Federal Operations

P.O. Box 77960

Washington, DC 20013

2

0520090638