Jack Lee, Complainant,v.William J. Henderson, Postmaster General, United States Postal Service, Agency.

Equal Employment Opportunity CommissionMar 15, 2000
05990586 (E.E.O.C. Mar. 15, 2000)

05990586

03-15-2000

Jack Lee, Complainant, v. William J. Henderson, Postmaster General, United States Postal Service, Agency.


Jack Lee v. United States Postal Service

05990586

March 15, 2000

Jack Lee, )

Complainant, )

) Request Nos. 05990586 & 05990588

v. ) Appeal Nos. 01982667 & 01982666

) Agency Nos. 1-A-111-0094-97

William J. Henderson, ) 1-A-111-0085-97

Postmaster General, )

United States Postal Service, )

Agency. )

)

DENIAL OF REQUEST FOR RECONSIDERATION

On April 12, 1999, Jack Lee (complainant) timely initiated requests

to the Equal Employment Opportunity Commission (the Commission) to

reconsider the decisions in Lee v. USPS, EEOC Appeal No. 01982667 (March

12, 1999); and Appeal No. 01982666 (March 8, 1999).<1> EEOC regulations

provide that the Commissioners may, in their discretion, reconsider any

previous decision where the party demonstrates that: (1) the previous

decision involved 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. 64 Fed. Reg. 37,644, 37,659 (1999)

(to be codified and hereinafter referred to as 29 C.F.R. �1614.405(b)).

After a review of complainant's requests to reconsider, the previous

decisions, and the entire records, the Commission finds that complainant's

requests do not meet the criteria of 29 C.F.R. �1614.405(b), and it

is the decision of the Commission to deny complainant's requests.

The decisions of the Commission in Appeal Nos. 01982667 and 01982666

remain the Commission's final decisions. There is no further right of

administrative appeal from a decision of the Commission on a request

for reconsideration.

COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (P1199)

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:

March 15, 2000

DATE Carlton M. Hadden, Acting Director

Office of Federal Operations

CERTIFICATE OF MAILING

For timeliness purposes, the Commission will presume that this decision

was received within five (5) calendar days after it was mailed. I certify

that this decision was mailed to complainant, complainant's representative

(if applicable), and the agency on:

Date

1 On November 9, 1999, revised regulations governing the EEOC's federal

sector complaint process went into effect. These regulations apply to all

federal sector EEO complaints pending at any stage in the administrative

process. Consequently, the Commission will apply the revised regulations

found at 64 Fed. Reg. 37,644 (1999), where applicable, in deciding the

present appeal. The regulations, as amended, may also be found at the

Commission's website at WWW.EEOC.GOV.