John H. Small, Appellant,v.William J. Henderson, Postmaster General, United States Postal Service, Agency.

Equal Employment Opportunity CommissionNov 8, 1999
05980403 (E.E.O.C. Nov. 8, 1999)

05980403

11-08-1999

John H. Small, Appellant, v. William J. Henderson, Postmaster General, United States Postal Service, Agency.


John H. Small v. United States Postal Service

05980403

November 8, 1999

John H. Small, )

Appellant, )

)

v. ) Request No. 05980403

) Appeal No. 01973179

William J. Henderson, ) Agency No. 1-D-221-1068-95

Postmaster General, )

United States Postal Service, )

Agency. )

______________________________)

DENYING REQUEST FOR RECONSIDERATION

On March 4, 1998, John H. Small (appellant) initiated a request to

the Equal Employment Opportunity Commission (EEOC) to reconsider the

decision in John H. Small v. Marvin T. Runyon, Jr., Postmaster General,

United States Postal Service, EEOC Appeal No. 01973179 (January 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:

new and material evidence is available that was not readily available

when the previous decision was issued, 29 C.F.R. �1614.407(c)(1);

the previous decision involved an erroneous interpretation of law,

regulation or material fact, or misapplication of established policy,

29 C.F.R. �1614.407(c)(2); and the previous decision is of such

exceptional nature as to have substantial precedential implications,

29 C.F.R. �1614.407(c)(3).

After a review of appellant's request to reconsider, the previous

decision, and the entire record, the Commission finds that the request

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

decision of the Commission to deny the request. The decision in EEOC

Appeal No. 01973179 (January 29, 1998) 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.

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:

Nov. 8, 1999

DATE Carlton M. Hadden, Acting Director

Office of Federal Operations