05980385
07-13-2001
Martin Madigan, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, (Great Lakes/Midwest Area Office) Agency.
Martin Madigan v. United State Postal Service
05980385
July 13, 2001
.
Martin Madigan,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
(Great Lakes/Midwest Area Office)
Agency.
Request No. 05980385
Appeal No. 01981764
Agency No. 4J-460-0013-97
DENIAL OF REQUEST FOR RECONSIDERATION
The agency initiated a request to the Equal Employment Opportunity
Commission (EEOC or Commission) to reconsider the decision in Martin
Madigan v. United State Postal Service, EEOC Appeal No. 01981764
(February 20, 1998). EEOC Regulations provide that the Commission may,
in its discretion, 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).
The agency alleged that complainant failed to file a timely appeal
with the Commission within 30 calendar days of receipt of the Final
Agency Decision (FAD). Specifically, the agency noted that complainant
received the FAD on July 5, 1997, and filed the appeal on September 8,
1997. The record reveals that complainant's appeal was received by the
Commission on July 31, 1997, well within the required timeframe. Further,
the record shows that complainant filed a separate appeal on September
8, 1997, regarding a different complaint. See Martin Madigan v. United
States Postal Service, EEOC Appeal No. 02970026 (February 20, 1998).
After a review of the request for reconsideration, 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. The decision in EEOC Appeal
No. 01981764 remains the Commission's final decision and the agency
shall comply with the ORDER set forth therein and restated below.
There is no further right of administrative appeal on the decision of
the Commission on this request for reconsideration.
ORDER
The agency is ORDERED to process the remanded allegations in accordance
with 29 C.F.R. �1614.108. The agency shall acknowledge to the appellant
that it has received the remanded allegations within thirty (30) calendar
days of the date this decision becomes final. The agency shall issue
a copy of the investigative file and also shall notify complainant of
the appropriate rights within one hundred fifty (150) calendar days of
the date this decision becomes final, unless the matter is otherwise
resolved prior to that time. If the appellant requests a final decision
without a hearing, the agency shall issue a final decision within sixty
(60) days of receipt of appellant's request.
A copy of the agency's letter of acknowledgment to complainant and a copy
of the notice that transmits the investigative file and referenced and
notice of rights must be sent to the Compliance Officer as referenced
below.
COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (R0900)
This is a decision requiring the agency to continue its administrative
processing of your complaint. However, if you wish to file a civil
action, you have the right to file such action in an appropriate United
States District Court within ninety (90) calendar days from the date
that you receive this decision. In the alternative, you may file a
civil action after one hundred and eighty (180) calendar days of the date
you filed your complaint with the agency, or filed your appeal with the
Commission. 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. Filing a civil
action will terminate the administrative processing of your complaint.
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 13, 2001
__________________
Date