Margarita N. Pineda, Appellant,v.William J. Henderson, Postmaster General, United States Postal Service, Agency.

Equal Employment Opportunity CommissionSep 30, 1999
05970841 (E.E.O.C. Sep. 30, 1999)

05970841

09-30-1999

Margarita N. Pineda, Appellant, v. William J. Henderson, Postmaster General, United States Postal Service, Agency.


Margarita N. Pineda, )

Appellant, )

)

v. ) Request No. 05970841

) Appeal No. 01952287

William J. Henderson, ) Agency No. 019-01-91

Postmaster General, ) Hearing No. 370-94-2276X

United States Postal Service, )

Agency. )

___________________________________)

DECISION ON REQUEST FOR RECONSIDERATION

On June 6, 1997, appellant timely initiated a request to the Equal

Employment Opportunity Commission to reconsider the decision in

Margarita N. Pineda v. Marvin T. Runyon, Jr., Postmaster General, United

States Postal Service, EEOC Appeal No. 01952287 (May 5, 1997), which she

received on May 8, 1997. 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 for reconsideration, the

agency's response, the previous decision, and the entire record, the

Commission finds that appellant's request does not 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 Appeal

No. 01952287 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.

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:

__09-30-99________ ______________________________

Date Frances M. Hart

Executive Officer

Executive Secretariat