John A. Moore, Complainant,v.William J. Henderson, Postmaster General, United States Postal Service, Agency.

Equal Employment Opportunity CommissionJan 12, 2001
05a00873_05a00884 (E.E.O.C. Jan. 12, 2001)

05a00873_05a00884

01-12-2001

John A. Moore, Complainant, v. William J. Henderson, Postmaster General, United States Postal Service, Agency.


John A. Moore v. United States Postal Service

05A00873 & 05A00884

01-12-01

.

John A. Moore,

Complainant,

v.

William J. Henderson,

Postmaster General,

United States Postal Service,

Agency.

Request Nos. 05A00873

05A00884

Appeal Nos. 01995413

01997114

Agency Nos. 4-H-350-1200-96

4-H-350-0006-98

Hearing Nos. 130-98-8087X

130-98-8290X

DENIAL OF REQUEST FOR RECONSIDERATION

Complainant initiated a request to the Equal Employment Opportunity

Commission (EEOC or Commission) to reconsider the decision in John

A. Moore v. William J. Henderson, Postmaster General, United States

Postal Service, EEOC Appeal Nos. 01995413 and 01997114 (May 5, 2000).<1>

EEOC regulations provide that the Commission may, in the exercise of

its discretion, grant a request for reconsideration if the party making

the request demonstrates that the appellate decision involved a clearly

erroneous interpretation of material fact or law, or that the decision

will have a substantial impact on the policies, practices, and operations

of the agency. 29 C.F.R. � 1614.405(b). After reviewing the record

in its entirety, including complainant's request for reconsideration

and the agency's response, we find that complainant's request does

not satisfy either criterion for reconsideration, and accordingly,

the request is denied. The decision of the Commission in EEOC Appeal

Nos. 01995413 and 01997114 remains the Commission's final decision.

There is no further right of administrative appeal on the decision of

the Commission on this request for reconsideration.

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

_____01-12-01_____________

Date

1On 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 29 C.F.R. Part 1614 in deciding the present

appeal. The regulations, as amended, may also be found at the Commission's

website at www.eeoc.gov.