Jannette Tyner, Complainant,v.William J. Henderson, Postmaster General, United States Postal Service, Agency.

Equal Employment Opportunity CommissionSep 13, 2000
05980224 (E.E.O.C. Sep. 13, 2000)

05980224

09-13-2000

Jannette Tyner, Complainant, v. William J. Henderson, Postmaster General, United States Postal Service, Agency.


Jannette Tyner v. United States Postal Service

05980224

September 13, 2000

Jannette Tyner, )

Complainant, )

) Request No. 05980224

v. ) Appeal No. 01954866

) Agency No. 2-K-2050-92

William J. Henderson, )

Postmaster General, )

United States Postal Service, )

Agency. )

______________________________)

DENIAL OF REQUEST FOR RECONSIDERATION

On December 20, 1997, Jannette Tyner (complainant) initiated a request

to the Equal Employment Opportunity Commission (EEOC) to reconsider

the decision in Tyner v. USPS, EEOC Appeal No. 01954866 (November

20, 1997).<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)). Complainant's request is denied.

After a review of complainant's request for reconsideration, the previous

decision, and the entire record, the Commission finds complainant's

request does not meet the criteria of 29 C.F.R. �1614.405(b),

and it is the decision of the Commission to deny complainant's

request. The decision in EEOC Appeal No. 01954866 remains the

Commission's final decision in this matter. There is no further right

of administrative appeal from a decision of the Commission on a request

for reconsideration.

COMPLAINANTS' RIGHT TO FILE A CIVIL ACTION (P0400)

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

September 13, 2000

__________________

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.