Marcia J. McNeil Complainant,v.William J. Henderson, Postmaster General, United States Postal Service, Agency.

Equal Employment Opportunity CommissionMar 15, 2001
05990648 (E.E.O.C. Mar. 15, 2001)

05990648

03-15-2001

Marcia J. McNeil Complainant, v. William J. Henderson, Postmaster General, United States Postal Service, Agency.


Marcia J. McNeil v. USPS

05990648

March 15, 2001

.

Marcia J. McNeil

Complainant,

v.

William J. Henderson,

Postmaster General,

United States Postal Service,

Agency.

Request No. 05990648

Appeal No. 01990528

Agency No. 1-I-531-0176-98

DENIAL OF REQUEST FOR RECONSIDERATION

On April 14, 1999, Marcia J. McNeil (hereinafter referred to as

complainant) initiated a request to the Equal Employment Opportunity

Commission (EEOC) to reconsider the decision in McNeil v. USPS, EEOC

Appeal No. 01990528 (April 6, 1999).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. See 29 C.F.R. �1614.405(b).

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

decision, and the entire record, the Commission finds that 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 of the Commission in Appeal Nos. 01990528 remains

the Commission's final decision. There is no further right of

administrative appeal from a decision of the Commission on a 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

March 15, 2001

__________________

Date