05a50897
07-20-2005
John A. Merzweiler, Complainant, v. Neil Anthony Gordon McPhie, Acting Chairman, Merit Systems Protection Board, Agency.
John A. Merzweiler v. Merit Systems Protection Board
05A50897
July 20, 2005
.
John A. Merzweiler,
Complainant,
v.
Neil Anthony Gordon McPhie,
Acting Chairman,
Merit Systems Protection Board,
Agency.
Request No. 05A50897
Appeal No. 01A52526
Agency No. EEO105
DENIAL
John A. Merzweiler (complainant) timely requested reconsideration of
the decision in John A. Merzweiler v. Merit Systems Protection Board,
EEOC Appeal No. 01A52526 (May 6, 2005). 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).
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. In his petition, complainant reiterates his claim
that the agency failed to follow certain regulations which require
that he be reinstated to his former employment with the United States
Postal Service. He asserts that the agency's failure to follow the cited
statute was discriminatory. Our previous decision held that complainant
failed to state a claim insofar as this agency is not responsible for
the alleged failure to reinstate. Based on the fact that complainant
has raised no argument which would warrant reconsideration, we conclude
our previous decision should stand. Therefore, the decision in EEOC
Appeal No. 01A52526 remains the Commission's final 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 (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
July 20, 2005
__________________
Date