Joel M. Rose, III, Appellant,v.William J. Henderson, Postmaster General, United States Postal Service, Agency.

Equal Employment Opportunity CommissionNov 8, 1999
05990151 (E.E.O.C. Nov. 8, 1999)

05990151

11-08-1999

Joel M. Rose, III, Appellant, v. William J. Henderson, Postmaster General, United States Postal Service, Agency.


Joel M. Rose, III, )

Appellant, )

)

v. ) Request No. 05990151

) Appeal No. 01980015

William J. Henderson, ) Agency No. 4-H-320-0206-97

Postmaster General, )

United States Postal Service, )

Agency. )

)

DENIAL OF REQUEST FOR RECONSIDERATION

On November 11, 1998, Joel M. Rose, III (hereinafter referred to as

appellant) initiated a request to the Equal Employment Opportunity

Commission (EEOC) to reconsider the decision in Joel M. Rose, III

v. United States Postal Service, EEOC Appeal No. 01980015 (October

29, 1998). EEOC Regulations provide that the Commissioners may,

in their discretion, reconsider any previous Commission decision.

29 C.F.R. �1614.407(a). The party requesting reconsideration must submit

written argument or evidence which tends to establish one or more of the

following three criteria: 29 C.F.R. �1614.407(c)(1) (new and material

evidence is available that was not readily available when the previous

decision was issued); 29 C.F.R. �1614.407(c)(2) (the previous decision

involved an erroneous interpretation of law, regulation or material fact

or misapplication of established policy); and 29 C.F.R. �1614.407(c)(3)

(the previous decision is of such exceptional nature as to have

substantial precedential implications). Appellant's request is denied.

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

decision, and the entire record, the Commission finds appellant's request

fails to meet the criteria of 29 C.F.R. �1614.407(c), and it is the

decision of the Commission to deny appellant's request. The decision of

the Commission in EEOC Appeal No. 01980015 (October 29, 1998) remains

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

right of administrative appeal from the decision of the Commission on

this request for reconsideration.

RIGHT TO FILE A CIVIL ACTION (P0993)

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.

It is the position of the Commission that 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.

You should be aware, however, that courts in some jurisdictions have

interpreted the Civil Rights Act of 1991 in a manner suggesting that

a civil action must be filed WITHIN THIRTY (30) CALENDAR DAYS from the

date that you receive this decision. To ensure that your civil action

is considered timely, you are advised to file it WITHIN THIRTY (30)

CALENDAR DAYS from the date that you receive this decision or to consult

an attorney concerning the applicable time period in the jurisdiction

in which your action would be filed. 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 (Z1092)

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:

November 8, 1999

___________________________________

Date Frances M. Hart

Executive Officer

Executive Secretariat